Legal Opinion

Kimmerle v. Carey Printing Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 12, 1911PublishedCited by 3 opinions

Appeal by the defendant, The Carey Printing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 27th day of July, 1910, upon the verdict of a jury for $15,000, and also from an order entered in said clerk’s office on the 26th day of July, 1910, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Woodward, J.:

This.is a common-law action for the recovery of damages for personal injuries sustained by the plaintiff through the alleged negligence of the defendant, and the jury has found a substantial verdict in favor of the plaintiff, which he now seeks to sustain. The plaintiff had been in the employ of the defendant as a pressfeeder in a printing establishment for about eighteen months, the most of the time in the daytime. ■ He had, at his own request, been transferred to the night gang for the purpose of earning larger compensation. The room where he was at work was about two hundred…

2Cases cited5 opinions

  1. Glens Falls Portland Cement Co. v. Travelers' InsuranceNew York Court of Appeals · 1900
  2. Welch v. Waterbury & Co.Appellate Division of the Supreme Court of the State of New York · 1910
  3. Valentino v. Garvin Machine Co.Appellate Division of the Supreme Court of the State of New York · 1910
  4. King v. ReidAppellate Division of the Supreme Court of the State of New York · 1908
  5. Kirwan v. American Lithographic Co.Appellate Division of the Supreme Court of the State of New York · 1908

3Cited by3 opinions

  1. Lyman v. Putnam Coal & Ice Co.Appellate Division of the Supreme Court of the State of New York · 1918
  2. Campbell v. Kertscher & Co.Appellate Division of the Supreme Court of the State of New York · 1911
  3. Gelder v. International Ore Treating Co.Appellate Division of the Supreme Court of the State of New York · 1912

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