Legal Opinion

Walker v. Newton Falls Paper Co.

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

Decided July 1, 1904PublishedCited by 6 opinions

Appeal by the plaintiff, Isaiah Walker, from an order of the Supreme Court, made at the St. Lawrence Trial Term and entered in the office of the clerk of the county of St. Lawrence on the 2d day of October, 1902, setting aside the verdict of a jury theretofore rendered in favor of the plaintiff and granting a new trial of the action. The defendant is a domestic corporation engaged in the manufacture of paper.

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Appeal by the plaintiff, Isaiah Walker, from an order of the Supreme Court, made at the St. Lawrence Trial Term and entered in the office of the clerk of the county of St. Lawrence on the 2d day of October, 1902, setting aside the verdict of a jury theretofore rendered in favor of the plaintiff and granting a new trial of the action. The defendant is a domestic corporation engaged in the manufacture of paper. Prior to August 2, 1901, the plaintiff, a carpenter, had for two years been employed by the defendant, not only on wood work, but also on shafting and in making repairs and doing such…

1Opinion of the Court

Chase, J.:

Apart from any statute it is the duty of employers to furnish a reasonably safe place for their employees to work. Section 81 of the Labor Law (Laws of 1897, chap. 415, as amd. by Laws of 1899, chap. 192) provides that all set screws shall be properly guarded. In Glens Falls Portland Cement Co. v. Travelers' Ins. Co. (162 N. Y. 399) the court, in speaking of the Factory Law (Laws of 1886, chap. 409, § 8, as amd. by Laws of 1892, chap. 673), which contained substantially the same provision as said section 81 of the Labor Law in regard to guarding machinery, say : “ There are but few…

2Cases cited4 opinions

  1. Glens Falls Portland Cement Co. v. Travelers' InsuranceNew York Court of Appeals · 1900
  2. Foster v. International Paper Co.Appellate Division of the Supreme Court of the State of New York · 1902
  3. Shaw v. Union Bag & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1902
  4. Larkin v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1902

3Cited by6 opinions

  1. Cincinnati, Hamilton & Dayton Railway Co. v. ArmuthIndiana Supreme Court · 1913
  2. Duffy v. StateNew York Court of Claims · 1950
  3. Indiana Manufacturing Co. v. CoughlinIndiana Court of Appeals · 1917
  4. Campbell v. Kertscher & Co.Appellate Division of the Supreme Court of the State of New York · 1911
  5. Walker v. Newton Falls Paper Co.Appellate Division of the Supreme Court of the State of New York · 1906

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