Ziemer v. Crucible Steel Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Crucible Steel Company of America, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 7th day of January, 1904, upon the verdict of a jury for $12,000, and also from an order entered in said clerk’s office on the 11th day of January, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
O’Brien, J.:
The action is brought by the plaintiff as administratrix of her husband’s estate to recover for his death which she alleges was caused by defendant’s negligence.
The deceased was employed in the defendant’s factory at Newark, N. J., and at the time of the accident resulting in his death was engaged with others in cutting a piece of red hot steel by means of a cutter and a powerful steam hammer. The theory upon which recovery is sought is that the hammer rebounded owing to the presence of water in the cylinder, thus causing a piece of steel, called a “ knocker-off,” held above the…
2Cases cited3 opinions
- Hoes v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1903
- Collard v. BeachAppellate Division of the Supreme Court of the State of New York · 1903
- Hoes v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1903
3Cited by18 opinions
- Kirkbride v. Van NoteNew York Court of Appeals · 1937
- Edwards v. SullivanNew York Supreme Court · 1949
- McCoubrey v. Pure Oil Co.Supreme Court of Oklahoma · 1937
- Oregon-Washington Railway & Navigation Co. v. YarbroughWashington Supreme Court · 1923
- Wise v. WedlakeAppellate Division of the Supreme Court of the State of New York · 1926
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