Cherney v. Ludlum Steel & Spring Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Ludlum Steel and Spring Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 3d day of July, 1913, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 2d day of July, 1913, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
Plaintiff’s intestate was instantly killed while operating a 3,000-pound steam hammer in defendant’s plant in Colonie, Albany county, on the 4th day of October, 1912, the accident being caused by the breaking of a tool known as a cutter under a blow of the steam hammer. The plaintiff’s theory of the case, as stated in the brief, and as the jury must be deemed to have found, is that the “looseness of the machine and the imperfections noted and set forth in the complaint rendered and made the whole machine defective, unsafe, insecure and dangerous for workmen using and employed at…
2Cases cited1 opinion
- Stevens v. Stanton Construction Co.Appellate Division of the Supreme Court of the State of New York · 1912