Kapella v. Nichols Chemical Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Nichols Chemical Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 18th day of July, 1902, upon the verdict of a jury for $4,900, and also from an order entered in said clerk’s office on the 18th day of July, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Goodrich, P. J.:
The plaintiff’s intestate, John Kapella, was killed at the defendant’s works by the fall of an elevator. His administratrix has recovered a verdict and the defendant appeals from the judgment entered thereon and from the order denying the motion for a new trial.
Defendant operated a building for smelting ore. The furnaces were so constructed that it was necessary to have a raised platform to enable employees to reach the door of the furnace where the ore was thrown in. This platform was eight or ten feet above the main floor of the building, and there was an ordinary freight…
2Cases cited3 opinions
- Berrigan v. . New York, Lake Erie and Western Rd. Co.New York Court of Appeals · 1892
- Corcoran v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Smith v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Knickerbocker v. General Railway Signal Co.Appellate Division of the Supreme Court of the State of New York · 1909