Rosasco v. Ideal Opening Die Co.
New York Supreme Court
Motion to dismiss complaint and for a new trial.
1Opinion of the CourtPendleton, J.
Defendant moved to dismiss on the evidence and also, after a verdict for the plaintiff, for a new trial on the minutes, on the ground that error was committed by the court in charging and refusing to charge as to the question of assumption of risk. The action was brought by an employee against an employer for damages alleged to have been the result of defendant’s negligence. The negligence charged is the failure to instruct and improper instructions by a foreman as to the use of a dangerous machine. Plaintiff’s testimony tended to show that the defendant’s foreman failed to properly instruct…
2Cases cited17 opinions
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- Knisley v. . PrattNew York Court of Appeals · 1896
- Johnston v. . FargoNew York Court of Appeals · 1906
- Hawley v. . Northern Central Railway Co.New York Court of Appeals · 1880
- Fitzwater v. . WarrenNew York Court of Appeals · 1912
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