Carlson v. United Engineering & Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The United Engineering and Con-, tracting Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 19th day' of April, 1905, upon the verdict of a jury for $2,000, and also from ah order entered in said clerk’s office on the 22d day of April, 1905, denying, the defendant’s motion for a new-trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
This action for negligence is brought under the Employers’ Liability Act (Laws of 1902, chap. 600). The defendant used a stationary engine for hoisting in construction work. The engine was stopped for adjustment of a wire rope running over the drums. The plaintiff when engaged in that work placed his foot in a place dangerous if the’ machinery were moving. "When he was in such position the engine was started and his foot was injured. The theory of the plaintiff is that defendant was negligent because its *372employee Sapp gate the order to start the engine without warning ■ and before…
2Cases cited2 opinions
- McHugh v. Manhattan Railway Co.New York Court of Appeals · 1904
- McBride v. New York Tunnel Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Hurley v. OlcottAppellate Division of the Supreme Court of the State of New York · 1909
- Anderson v. Pennsylvania Steel Co.New York Supreme Court · 1908
- Goodchild v. Moline Plow Co.Appellate Division of the Supreme Court of the State of New York · 1915