Ostermann v. Ware
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Arthur W. Ware, from a judgment of the Supreme Court in favor of the plaintiff against the said defendant, entered in the office of the clerk of the county of Mew York on the 5th day of February, 1909, upon the verdict of a jury for $1,400, and also from an order entered in said clerk’s office on the same day denying the said defendant’s motion for a new trial made úpon the minutes.
1Opinion of the Court
McLaughlin, J.:
Action to recover damages for personal injuries. Plaintiff was an employee of the defendants. One of the machines at which he worked was a lathe, to which was affixed at times, for the purpose of sawing pieces of timber, a small circular saw. Power to operate ' the lathe was turned on or shut off by shifting a belt by means of ■ a lever or handle which, when the power was shut off, came within three or four inches of the saw. On the 13th of February, 1907, the plaintiff had been using the lathe with the saw attached, and as he was in the act of - shutting off the power he…
2Cases cited4 opinions
- Cobb v. WelcherNew York Supreme Court · 1894
- Wynkoop v. Ludlow Valve Manufacturing Co.New York Court of Appeals · 1909
- Graves v. . Gustave Stickley CompanyNew York Court of Appeals · 1909
- Martin v. Walker & Williams Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1908