Casey v. . Davis Furber Machine Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 18, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 18, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The nonsuit granted by the trial court at the close of plaintiff’s case was error, for Clow at the time of the accident was acting within the scope of his employment as a matter of law. (Wright S. E. Works v. Lawrence Cement Co., 167 N. Y. 440; Ochsenbein v.…
1Opinion of the Court
Cullen, Ch. J.
The action is brought to recover for the death of plaintiff’s intestate caused by the alleged negligence of the defendant’s servant. The circumstances of the accident are these: The deceased was employed in a woolen mill. The corporation owning and operating the mill had purchased from the defendant a carding machine which, as testified by the president of ■ the corporation, the defendant agreed to set up and start. The carding machine consisted of three cylinders or rollers over which successively the wool was passed. Automatic feeds were used to feed the stock to the rollers.…
2Cases cited2 opinions
- Wyllie v. . PalmerNew York Court of Appeals · 1893
- Wright Steam Engine Works v. Lawrence Cement Co.New York Court of Appeals · 1901
3Cited by6 opinions
- Delisa v. Arthur F. Schmidt, Inc.New York Court of Appeals · 1941
- Burns v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1958
- Marion Steam Shovel Co. v. BertinoCourt of Appeals for the Eighth Circuit · 1936
- Anderson v. International Mercantile Marine Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Fortunoff Silver Sales, Inc. v. Hartford Accident & Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1983
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