Brust v. J. T. Perkins Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The J. T. Perkins Company, from a judgment of the Supreme Court in favor of- the plaintiff, entered in the office ■ of the clerk of the county of. Kings on the 19th day of December, 1905, upon- the verdict of a jury for $B50, and also from an order entered in said clerk’s office on the-19th day of December, 1905, denying the defendant’s motion for a new-', trial made upon the. minutes. .
1Opinion of the Court
Miller, J. :
This is a master and servant case.. The plaintiff’s work required her to be" within from four feet to twenty feet to a' chute through which balls of wool were dropped from the floor above. The chute-consisted of upright iron pipes, with spaces between not sufficient, however, to permit the escape of the balls. The dimensions of the chute were twenty-six inches by fourteen inches. At its opening on the' upper floor it had a flange projecting six inches above the. floor, about which fitted a metal cover which was removed when the balls were dropped down, and then replaced. A short…
2Cases cited2 opinions
- Koszlowski v. American Locomotive Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Hartman v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1905