Schultis v. Waterbury Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Waterbüry Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 11th day of December, 1911, upon the verdict of a jury for $10,000, 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
Burr, J.:
Plaintiff was injured on April 6, 1909, while in defendant’s service. His complaint sets forth a cause of action for negligence, both under the Employers’ Liability Act and at common law. As failure of duty upon the master’s part, neglect to provide a safe place to work is relied upon. The specification is omission to properly guard cog wheels as required by the Labor Law (Consol. Laws, chap. 31 [Laws of 1909, chap. 36], § 81). Such failure is evidence of neglect to discharge this common-law obligation. The notice required by the act relating to employers’ liability which was then in…
2Cases cited4 opinions
- Citrone v. O'Rourke Engineering Construction Co.New York Court of Appeals · 1907
- Scott v. . International Paper Co.New York Court of Appeals · 1912
- Citrone v. O'Rourke Engineering Construction Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Young v. Syracuse, Binghamton & New York RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Christianson v. BreenNew York Court of Appeals · 1942
- Minall v. Pyramid, Inc.District Court, S.D. New York · 1995