Kujava v. Irving
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Walter E. Irving, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 5th day of November, 1906, upon the verdict of a jury for $12,500, and also from an order entered in said clerk’s office on the 31st day of October, 1906, denying, the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J. :
The plaintiff has recovered a judgment under the Employers’ Liability Act. (Laws of 1902, chap. 600.) His version of the casualty is *376as follows: He had moved a machine from one-place to another on th'e floor in the defendant’s shop. The machine was worked by a belt attached to shafting. It was necessary to join the belt, which had been cut, so as to adjust' it to the machine in its changed position. He and Hille, the defendant’s superintendent, were at that work. Hille told the plaintiff to get upon a platform four feet high. ■ The belt was then hanging loose over the shafting. .…
2Cases cited4 opinions
- Gall v. BecksteinIllinois Supreme Court · 1898
- Foster v. . International Paper Co.New York Court of Appeals · 1905
- Lowrey v. Huntington Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Meeker v. C. R. Remington & Son Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- Sherman v. Mason & Hanger Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Borckmann v. Terry Construction Co.Appellate Division of the Supreme Court of the State of New York · 1913