Proctor v. Rockville Centre Milling & Construction Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January T, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to submit this case to the jury as one under the Employers’ Liability Act, because no cause of action was proven for which the act affords a remedy.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January T, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to submit this case to the jury as one under the Employers’ Liability Act, because no cause of action was proven for which the act affords a remedy. (Scott v. Nauss Bros. Co., 141 App. Div. 264; Rosin v. L. Mfg. Co., 89 App. Div. 245; Gmaehle v. Rosenberg, 178 N. Y. 151; Harris v. B.…
1Opinion of the CourtHiscock, J.
On and prior to February 8, 1909, appellant was the proprietor of a sawmill in which respondent was an employee and wherein was operated a ripsaw. Appellant failed to provide a guard for said piece of machinery as required by the provisions of what was then section 81 of the Labor Law, with the result that respondent was injured while operating the saw. Thereafter the latter brought this action, as claimed by him, under the Employers’' Liability Act (then chapter 600 of the Laws of 1902) and recovered a verdict.
On this appeal several reasons are assigned why the judgment should not be allowed…
2Cases cited2 opinions
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- Simpson v. Foundation Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by5 opinions
- Felcin v. Society of New York HospitalAppellate Division of the Supreme Court of the State of New York · 1913
- Valenti v. MesingerAppellate Division of the Supreme Court of the State of New York · 1916
- Bell v. Procter & Gamble Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Consolidated Arizona Smelting Co. v. UjackArizona Supreme Court · 1914
- Rosasco v. Ideal Opening Die Co.New York Supreme Court · 1913