Ryan v. . Fowler
New York Court of Appeals
Appeal from the Supreme Court Action for injuries received from the negligence of the defendant. Upon the trial it appeared that the plaintiff was a girl of fourteen years, employed by the defendant in his mill for knitting shirts, &c. In the wheel-house of the mill, and partly, over the waterwheel, was the only privy provided for the use of the female operatives.
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Appeal from the Supreme Court Action for injuries received from the negligence of the defendant. Upon the trial it appeared that the plaintiff was a girl of fourteen years, employed by the defendant in his mill for knitting shirts, &c. In the wheel-house of the mill, and partly, over the waterwheel, was the only privy provided for the use of the female operatives. It was secured by iron spikes or hooks to the east wall of the wheel-house, and was supported by an upright wooden scantling, the lower end of which rested on a breast beam in front of the water-wheel. The privy had been in use…
1Opinion of the CourtSmith, J.
The rule -governing the liability of the master for injuries sustained by his servant in his employment, and resulting from his negligence, was stated by the learned judge At the Circuit quite favorably to the defendants.
The judge, upon the request of the defendants’ counsel, and "in the language suggested by him, at the close of his charge, stated to the jury that the plaintiff “ was not entitled •to recover unless the jury were satisfied that the defendant knew of the defect or imperfection in the mill in its machinery or appurtenances which produced the injury.” The case was thus"…
2Cases cited1 opinion
- Perry v. MarshSupreme Court of Alabama · 1854
3Cited by59 opinions
- Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
- Davidson v. . CornellNew York Court of Appeals · 1892
- Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
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