Pelow v. . Oil Well Supply Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 27, 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 evidence of any negligence on the part of the defendant.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 27, 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 evidence of any negligence on the part of the defendant. The only negligence shown is that of the plaintiff and of his co-servants for which the defendant is not liable. It was error to refuse a nonsuit. (Crown v. Orr, 140 N. Y. 450.; Beckley v. G. R. Co.,…
1Opinion of the CourtVann, J.
On the 25th of January, 1905, the plaintiff, then a lad of about sixteen years, while at work for the defendant in its boiler manufactory in the city of Oswego, met with an accident which resulted in the loss of his left eye. The factory, 400 feet long by 200 wide, was divided into several departments with a foreman in charge of each. The plaintiff had been employed by the defendant for about three weeks and during tin's period had worked exclusively upon automobile boilers, which are quite small, being only about two feet long and a foot and a half in diameter, with copper tubes half an inch…
2Cases cited1 opinion
- Simone v. . KirkNew York Court of Appeals · 1902
3Cited by10 opinions
- Belevicze v. Platt Bros & Co.Supreme Court of Connecticut · 1911
- Harvey v. J. P. Morgan & Co.City of New York Municipal Court · 1937
- Mahoney v. . Cayuga Lake Cement Co.New York Court of Appeals · 1913
- McMillan v. Minetto Shade Cloth Co.Appellate Division of the Supreme Court of the State of New York · 1908
- McMillan v. Minetto Shade Cloth Co.Appellate Division of the Supreme Court of the State of New York · 1909
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