Knisley v. . Pratt
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made January 18,1894, which set aside a non-suit and granted a new trial on exceptions ordered to be heard in' the first instance at General Term. The nature of the action and the facts, so far as material, ¡are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made January 18,1894, which set aside a non-suit and granted a new trial on exceptions ordered to be heard in' the first instance at General Term. The nature of the action and the facts, so far as material, ¡are stated in the opinion. The risk in cleaning the machine with the cog wheels unguarded, as they were during the entire period of her service, was obvious and known to the plaintiff, and was, therefore, assumed by her. (Wright v. N. Y. C. R. R. Co., 25 N. Y. 566; Gibson v. Erie R. Co., 63 N. Y.…
1Opinion of the CourtBartlett, J.
The plaintiff seeks to recover damages for' loss of her left arm, caused by the alleged negligence of the defendants, who were the proprietors of a hardware factory where plaintiff was employed at the time of the accident in operating what is known as a “punching machine.”
A person using this machine is seated at a bench, the top of which is about thirty-two inches from the floor and covered with . plank about five inches in thickness. The machine is about twenty-two inches wide and four feet high, with an iron bed plate bolted to the bench. Two iron posts four feet high, connected at the top…
2Cases cited6 opinions
- Willy v. . MulledyNew York Court of Appeals · 1879
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
- Pauley v. Steam Gauge & Lantern Co.New York Court of Appeals · 1892
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3Cited by82 opinions
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Marino v. . LehmaierNew York Court of Appeals · 1903
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Monteith v. Kokomo Wood Enameling Co.Indiana Supreme Court · 1902
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