Kelly v. National Starch Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the National .Starch Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 12th day of April, 1910, upon the verdict of á jury for $1,500, and' also from an order entered in said clerk’s office on the same day denying the' defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The judgment should be reversed and a new trial granted, with costs to appellant to abide event.
The action was for negligence. The plaintiff was an employee of defendant and was injured by falling from a ladder. It was claimed the sides of the ladder were not strong enough, and when plaintiff was going up it bent over sideways and he was thrown down and quite seriously injured. The ladder was thirteen or fourteen feet long and was being used to go up a distance of twelve feet.
The action was brought under the Labor Law (Gen. Laws, chap. 32; Laws of 1897, chap. 415 ; Consol. Laws,…
2Cases cited5 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Cummings v. KennyAppellate Division of the Supreme Court of the State of New York · 1904
- McMillan v. Minetto Shade Cloth Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Hart v. Village of ClintonAppellate Division of the Supreme Court of the State of New York · 1906
- Smith v. Green Fuel Economizer Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by6 opinions
- Kelley v. BrownMichigan Supreme Court · 1933
- Mizak v. Carborundum Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Smith v. AlbertOhio Court of Appeals · 1959
- Cooney v. Central Dredging Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Kelly v. National Starch Co.Appellate Division of the Supreme Court of the State of New York · 1911
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