Legal Opinion

Glens Falls Portland Cement Co. v. Travelers' Insurance

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

Decided July 1, 1896PublishedCited by 5 opinions

Appeal by the defendant, The Travelers’ Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Warren on the 25th day of June, 1896, upon the verdict of a jury rendered by ■direction of the court after a trial at a Trial Term of the Supreme Court held in and for the county of Warren, and also from an order entered in said clerk’s office on the 22d day of July, 1896, denying the defendant’s motion…

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Appeal by the defendant, The Travelers’ Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Warren on the 25th day of June, 1896, upon the verdict of a jury rendered by ■direction of the court after a trial at a Trial Term of the Supreme Court held in and for the county of Warren, and also from an order entered in said clerk’s office on the 22d day of July, 1896, denying the defendant’s motion for a new trial made upon the minutes. In this action both parties consented to a direction of the verdict by the…

1Opinion of the Court

Landon, J.:

Jasmin, an employee of the plaintiff in its cement manufactory at Glens Falls, N. Y., while oiling the bearing of a revolving shaft, had his clothing caught by an uncovered set screw, five-eighths of an inch in diameter, projecting three-quarters of an inch from the collar of the shaft, and was in consequence whirled violently about the shaft and seriously injured. Jasmin brought an action against the plaintiff, charging it, among other things, with negligence in leaving the set screw unguarded in violation of section 8 of ■chapter 673 of the Laws of 1892, amending the Factory Act,…

2Cases cited5 opinions

  1. McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
  2. Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
  3. Chase v. . the Hamilton Insurance CompanyNew York Court of Appeals · 1859
  4. Cogswell v. ChubbAppellate Division of the Supreme Court of the State of New York · 1896
  5. Stedman v. . DavisNew York Court of Appeals · 1883

3Cited by5 opinions

  1. Rosenbloom v. Maryland Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1912
  2. Joseph Gordon, Inc. v. Massachusetts Bonding & InsuranceAppellate Division of the Supreme Court of the State of New York · 1919
  3. People v. AngeloNew York Supreme Court · 1926
  4. S. & E. Motor Hire Corp. v. New York Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1930
  5. S. & E. Motor Hire Corp. v. New York Indemnity Co.New York Supreme Court · 1929

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