Fitzgerald v. . Newton Falls Paper Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 26, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff should have been nonsuited on the ground of his failure to show defendant negligent. (King v. Reid, 124 App. Div. 121; Sitts v. Waiontha Knitting Co., 94 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 26, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff should have been nonsuited on the ground of his failure to show defendant negligent. (King v. Reid, 124 App. Div. 121; Sitts v. Waiontha Knitting Co., 94 App. Div. 38; Cobb v. Welcher, 75 Hun, 283.) Plaintiff should have been nonsuited on the ground of his failure to show that he himself was free from any…
1Opinion of the CourtGray, J.
The plaintiff brought this action against his employer to recover damages for injuries to his hand and arm; alleged by him to have been caused through the latter’s negligence. The defendant was engaged in the manufacture of paper and the particular negligence charged against it is that a.passageway used by the plaintiff was rendered unsafe, from being improperly lighted and from certain machinery being improperly guarded. The plaintiff, a young man, had been employed upwards of three months in the engine room. He was in the habit, as were his fellow-servants, of passing through a large room,…
2Cases cited3 opinions
- Wilson v. New York MillsAppellate Division of the Supreme Court of the State of New York · 1905
- Wilson v. . New York MillsNew York Court of Appeals · 1907
- Wilson v. New York MillsAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Osborn v. Zoning Board of Appeals of StamfordConnecticut Superior Court · 1943
- Rosenstein v. McCutcheonAppellate Division of the Supreme Court of the State of New York · 1913
- Santiago v. John E. Walsh Stevedore Co.Appellate Division of the Supreme Court of the State of New York · 1912