Gallenkamp v. Garvin Machine Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gustav Gallenkamp, -Jr., by Simon Cahn, his guardian ad litem, from a. judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 24th day of July, 1903, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 25th day of June, 1903, denying the plaintiff’s, motion for a new…
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Appeal by the plaintiff, Gustav Gallenkamp, -Jr., by Simon Cahn, his guardian ad litem, from a. judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 24th day of July, 1903, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 25th day of June, 1903, denying the plaintiff’s, motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J. :
This action is brought to recover damages for personal injuries sustained by the plaintiff through the negligence of the defendant. The action is predicated upon a violation of section 81 of the Labor Law (Laws of 1897, chap. 415* as amd. by Laws of 1899, chap. 192), which provides that “ children under sixteen years of age shall not be permitted to operate or assist in operating dangerous machines of any kind.” The defendant was a manufacturer of tools and machinery, and its plant was in the city of New York. The building consisted of eight floors. A machine known as a…
2Cases cited1 opinion
- Marino v. . LehmaierNew York Court of Appeals · 1903
3Cited by17 opinions
- Karpeles v. . HeineNew York Court of Appeals · 1919
- Witherstine v. Employers' Liability Assurance Corp.New York Court of Appeals · 1923
- Solberg v. Sunburst Oil & Gas Co.Montana Supreme Court · 1925
- Whalen v. RuizCalifornia Supreme Court · 1953
- Vincent v. Riggi & Sons, Inc.New York Court of Appeals · 1972
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