Kimmerle v. Carey Printing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant from a judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 84th day of June, 1912, in favor of the plaintiff, and from an order entered in said clerk’s office on the 5th day of August, 1913, denying its motion for a new trial.
1Opinion of the Court
Thomas J.:
The plaintiff slipped and his arm passed within the frame of a printing press, where it was injured by an actuating shoe which was unguarded and which extended to and in some part slightly beyond the frame of the press. Thirteen of seventeen presses then operated by the defendant had guards over the shoe, which, if used upon the machine in question, would have prevented the injury. The absence of the guard was a proximate cause of the injury, and it is immaterial that the plaintiff was not in proximity to the machine for the special purpose of operating it, or that the shoe was…
2Cases cited2 opinions
- Welch v. . Waterbury Co.New York Court of Appeals · 1912
- McEwen v. Borden's Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1912
3Cited by2 opinions
- Kimmerle v. Carey Printing Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Michalski v. American Machine & Foundry Co.Appellate Division of the Supreme Court of the State of New York · 1915