Atz v. Newark Lime & Cement Manufacturing Co.
Supreme Court of New Jersey
On rule to show cause. Plaintiff’s intestate was in the employ of the defendant, a ■company engaged in the manufacture of cement. On May 5th, 1892, defendant was using a machine for grinding broken rock called the Page milk The mill had an upper stone which was fixed in a frame of hard wood, and a lower stope which revolved. The upper stone had a hole of. about five inches in diameter in the centre, through which the rock to be ground was fed from a hopper.
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On rule to show cause. Plaintiff’s intestate was in the employ of the defendant, a ■company engaged in the manufacture of cement. On May 5th, 1892, defendant was using a machine for grinding broken rock called the Page milk The mill had an upper stone which was fixed in a frame of hard wood, and a lower stope which revolved. The upper stone had a hole of. about five inches in diameter in the centre, through which the rock to be ground was fed from a hopper. In that hole was the “damsel,” inserted in the lower wheel and which, when the latter revolved, oscillated the trough leading from the…
1Opinion of the Court
*43The opinion of the court was delivered by
Magie, J.
The first question presented by this case is-whether the evidence established any liability on the part of the defendant for the death of plaintiff’s intestate.
As the death was occasioned by the breaking of a machine furnished by defendant as employer to deceased as its servant to be used in its work, it is conceded that defendant’s liability will only be established by sufficient proof of its breach of the duty which it owed deceased in respect to that machine.
The rule of duty imposed on a master in this regard has so-lately been enunciated…
2Cases cited2 opinions
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
- Essex County Electric Co. v. KellySupreme Court of New Jersey · 1894
3Cited by6 opinions
- Belleville Stone Co. v. CombenSupreme Court of New Jersey · 1898
- Stassett v. Taylor Iron & Steel Co.Supreme Court of New Jersey · 1912
- Bauman v. CowdinSupreme Court of New Jersey · 1907
- Barrett v. YoungSupreme Court of New Jersey · 1910
- McGrath v. Delaware, Lackawanna & Western RailroadSupreme Court of New Jersey · 1903
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