Koslovki v. International Heater Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the International Heater Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 17tli day of December, 1901, upon the verdict of a jury for $3,500, and also from an order entered in said clerk’s office on the 11th day of November, 1901, denying the defendant’s, motion for a new trial made upon the minutes.
1Opinion of the CourtHisoock, J.
This action was brought to recover damages claimed to have resulted from the negligence of the defendant in furnishing for the use of plaintiff a machine with a defective bolt, which permitted a heavy piece of the machine to drop upon his foot.
Accepting the theory adopted by the jury, that the accident did happen in the manner and from the cause claimed, we still think that plaintiff is to be so charged with having had knowledge through his agent of the defect complained of and with having assumed the risks incidental thereto that he cannot recover, and that the judgment and order appealed…
2Cases cited3 opinions
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Wooster v. Broadway & Seventh Avenue RailroadNew York Supreme Court · 1893
- Delaney v. Yonkers RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Wings & Wheels Express, Inc. v. SisakNew York Supreme Court · 1973
- Arbour Heights, Inc. v. NormanAppellate Division of the Supreme Court of the State of New York · 1972