Sticht v. . Buffalo Cereal Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 9, 1907, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in refusing to permit plaintiff to prove the nature and frequency of dust explosions.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 9, 1907, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in refusing to permit plaintiff to prove the nature and frequency of dust explosions. (Lofrans v. N. Y., etc., Co., 8 N. Y. Supp. 717; Latorre v. C. S. Co., 9 App. Div. 145; Connelly v. H. & G. C. Co., 192 N. Y. 182; O'Brien v. B. F. Co., 183 N. Y.…
1Opinion of the CourtWerner, J.
On the 22d day of October, 1902, the defendant operated a mill for the manufacture of cereals, and the plaintiff was there employed as a common laborer to fill bags. While thus engaged on the day mentioned, the plaintiff was injured by an explosion of dust, and this action was brought to recover damages for the injuries thus sustained by him. At the trial the jury rendered a verdict for the defendant, and a judgment was entered dismissing the complaint upon the merits. At the Appellate Division that judgment was affirmed by a divided vote, and the plaintiff has now appealed to this court.
The…
2Cited by4 opinions
- Gugel v. . HiscoxNew York Court of Appeals · 1915
- Mireider v. New Hampshire Fire InsuranceCity of New York Municipal Court · 1960
- Hankowska v. Buffalo Savings BankAppellate Division of the Supreme Court of the State of New York · 1913
- Miller v. KatzCity of New York Municipal Court · 1932