Martin v. Walker & Williams Manufacturing Co.
New York Court of Appeals
A-ppeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 9, 1908, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The notice served under the Employers’ Liability Act was sufficient compliance with the statute.
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A-ppeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 9, 1908, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The notice served under the Employers’ Liability Act was sufficient compliance with the statute. (Hurley v. Olcott, 134 App. Div. 631; Knuffle v. K. I. Co., 84 N. Y. 489; Marino v. Lehmaier, 173 N. Y. 538; Leeds v. N. Y. T. Co., 64 App. Div.…
1Opinion of the CourtHaight, J.
This action was brought to recover damages for personal injuries. The plaintiff was a minor, sixteen years of age, in the employ of the defendant, working in its factory at Cohoes, in this state. The defendant was engaged in manufacturing cotton bats or batting, and for that purpose operated numerous machines, among which was one called the garnet machine. This machine had a big round roller upon a shaft which was operated by a belt on the side of the machine next to the aisle, and upon this roller were wires which caught into the cotton waste as it came from the feed rollers and carried it…
2Cases cited3 opinions
- Finnigan v. New York Contracting Co.New York Court of Appeals · 1909
- Cobb v. WelcherNew York Supreme Court · 1894
- Bertolami v. United Enginering & Contracting Co.New York Court of Appeals · 1910
3Cited by10 opinions
- Cincinnati, Hamilton & Dayton Railway Co. v. ArmuthIndiana Supreme Court · 1913
- McClary v. KnightWest Virginia Supreme Court · 1913
- Hartman v. The Berlin & Jones Envelope Co.New York Supreme Court · 1911
- Finkle v. Bolton Landing Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Foster v. B. I. Crooker Co.Appellate Division of the Supreme Court of the State of New York · 1911
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