Wynkoop v. Ludlow Valve Manufacturing Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 20, 1908, affirming a judgment in favor of plaintiff 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. There is no proof that the defendant failed in any respect in its duty or care, either at common law or under the Employers’ Liability Act.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 20, 1908, affirming a judgment in favor of plaintiff 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. There is no proof that the defendant failed in any respect in its duty or care, either at common law or under the Employers’ Liability Act. (G. F. P C. Go. v. T. Ins. Co., 162 N. Y. 403; Egan v. N. J. S. Co., 86 Hun, 542; 154 N. Y. 777; Russell v. N. J. S. Co., 10 Misc.…
1Opinion of the CourtChase, J.
The plaintiff’s fingers on his left hand were cut off by one of the wheels of the truck of a traveling crane in the defendant’s factory. In the defendant’s factory is a gallery about twenty feet above the ground floor which extends around three sides thereof. There is a space between the side galleries of about forty feet. Along the inner side of each side gallery there are timbers twelve inches square extending the whole length thereof which are situated from two and a half to three feet above the floor of the gallery. On the center of these timbers are fastened rails like the heavy rails…
2Cases cited3 opinions
- Glens Falls Portland Cement Co. v. Travelers' InsuranceNew York Court of Appeals · 1900
- Dillon v. . National Coal Tar Co.New York Court of Appeals · 1905
- Scialo v. SteffensAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by9 opinions
- Hartman v. The Berlin & Jones Envelope Co.New York Supreme Court · 1911
- Finkle v. Bolton Landing Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1911
- H. A. McCowen & Co. v. GormanIndiana Court of Appeals · 1912
- Pyne v. . Cazenovia Canning Co.New York Court of Appeals · 1917
- Basel v. . Ansonia Clock Co.New York Court of Appeals · 1915
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