Smith v. Green Fuel Economizer Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Green Fuel Economizer Company of Matteawan, New York, from a judgment of the Supreme Court in favor of the plaintiff entered in the office of the clerk of the county of Dutchess on the 21st day of June, 1907, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 12th day of June, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Gaynor, J.:
The deceased, an expert machinist, worked in the defendant’s machine 'shop. He put a ladder up against a shafting and went up to put a belt on a revolving pulley. He leaned his body over to the right away from the ladder, and with his extended right hand was trying to force the belt on the pulley, when the ladder tipped sidewise and threw him upon the shaft and to the floor, killing him. In place of moving the ladder over close to the pulley, the deceased leaned over so far that he tipped the ladder over. There was nothing to go to the jury and the motion to dismiss should have…
2Cases cited3 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- McConnell v. Morse Iron Works & Dry Dock Co.New York Court of Appeals · 1907
- Cunningham v. PeirceAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Kelley v. BrownMichigan Supreme Court · 1933
- Kelly v. National Starch Co.Appellate Division of the Supreme Court of the State of New York · 1911
- McMillan v. Minetto Shade Cloth Co.Appellate Division of the Supreme Court of the State of New York · 1909