Murphy v. Bennett
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Bennett, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 31st day of December, 1895, upon the verdict of a jury rendered after a trial at the Albany Circuit, and also from an order entered in said clerk’s office on the 9th day of December, 1895, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Herrick, J.:
This is an appeal from a judgment rendered upon a verdict in favor of the plaintiff and against the defendant, and from an order denying a motion for a new trial. The complaint is one charging negligence against the defendant.
The plaintiff is an infant under the age of fourteen years. The defendant at the time of the accident was operating a planing and sawing mill, and had about fifty persons in his employment.
The plaintiff, under the employment of the defendant, was engaged in removing boards from a pile of lumber to be brought to the mill to be there sawed or planed, and while…
2Cited by2 opinions
- Hillestad v. Industrial Insurance CommissionWashington Supreme Court · 1914
- Graham v. GoodwinMississippi Supreme Court · 1934