Webber v. . Piper
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 15, 1885, which affirmed a judgment in favor of defendants, entered upon an order dismissing the complaint on trial, and which denied a motion for a new trial. (Reported below, 38 Hun, 353.) This action was brought to recover damages for injuries alleged to have been caused by defendants’ negligence.
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Appeal from, judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 15, 1885, which affirmed a judgment in favor of defendants, entered upon an order dismissing the complaint on trial, and which denied a motion for a new trial. (Reported below, 38 Hun, 353.) This action was brought to recover damages for injuries alleged to have been caused by defendants’ negligence. The material facts are stated in the opinion. The evidence taken herein must be construed in its most favorable light to the plaintiff. (Stackus v. N. Y. C. & H.…
1Opinion of the CourtFinch, J.
The plaintiff was in jured while using a circular saw in the factory of the defendants, who were his employers, and gave evidence tending to establish that the accident was due to the dullness of the saw and the need of its being sharpened and reset. These saws became dull by use, and the defendants had furnished duplicates, so that one could replace the other, when there was need, without delay to the workmen. It seems to have been the duty of one Myers, who was also a servant of the defendants, to care for and repair the machinery and reset and sharpen the saws, when necessary, and the…
2Cases cited1 opinion
- Kain v. . SmithNew York Court of Appeals · 1882
3Cited by34 opinions
- Cregan v. . MarstonNew York Court of Appeals · 1891
- American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
- Kimmer v. . WeberNew York Court of Appeals · 1897
- Vogel v. . American Bridge Co.New York Court of Appeals · 1905
- Helling v. SchindlerCalifornia Supreme Court · 1904
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