Baumann v. Schrumpf
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendants, Olga J. C. Schrumpf and another, composing the firm of Eobert Soltau & Co., and others, from a judgment of the Spreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 17th day of April, 1909, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 20th day of May, 1910, denying the défendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Rich, J.. This is an action to recover" damages for the death of plaintiff’s intestate, alleged to have been caused in consequence of defendants’ negligence in failing to properly guard a machine upon which the deceased was working at the time of his injury. Decedent was a foreman in defendants’ employ, having charge, and superintendence of the factory in which he was killed. He had been in .defendants’ service for seventeen years, and during the greater portion of the time had been the foreman in charge. The accident occurred while he was engaged in adjusting a rope upon, a moving wheel…
2Cases cited1 opinion
- Baker v. Empire Wire Co.Appellate Division of the Supreme Court of the State of New York · 1905