Kirkover v. Lackawanna Steel Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Lackawanna Steel Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 12th day of April, 1909, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 15 th day of April, 1909, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Lackawanna Steel Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 12th day of April, 1909, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 15 th day of April, 1909, denying the defendant’s motion for a new trial made upon the minutes. This is an action at common law, commenced on the 5th day of March, 1908, to recover damages for injuries sustained by the- plaintiff while in the defendant’s employ, alleged to have been caused…
1Opinion of the Court
McLennan, P. J.:
The important question presented by this appeal is: Does the evidence, interpreted most favorably to the plaintiff," tend to establish actionable negligence on the part of the defendant ? *793The defendant is a manufacturing corporation, engaged in operating an extensive plant at W est Seneca, near the city of Buffalo, consisting of furnaces, foundries, machine shops, etc. The plaintiff was injured on the afternoon of Sunday, December 9, 1906, while engaged in operating a machine known as “Ho. 1 Pig Machine,” used for the purpose of molding molten iron into small bars called “…
2Cases cited5 opinions
- Curran v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Floettl v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Byrnes v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Riola v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Schott v. Onondaga County Savings BankAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Kempczinski v. Chelsea Fibre MillsAppellate Division of the Supreme Court of the State of New York · 1913