Chernick v. Independent American Ice Cream Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order of the Municipal Court of the city of Yew York, borough of Manhattan, second district, setting aside a verdict and granting a new trial.
1Opinion of the CourtBijur, J.
° Plaintiff sued, under the “ Employers’ Liability” provisions .of the Labor Law (Laws of 1909, chap. 36, §§ 200-204), for personal injuries caused by the 'breaking of a tail-board on defendant’s wagon while plaintiff was employed thereon in defendant’s business. Defendant repaired the defect temporarily, had a heavy man jump on the tail-board, and, when it did not break, said to the plaintiff, “ see that is all right.”' Plaintiff then, though reluctantly, used the wagon during the greater part of a day; but finally brought it back and said, in substance, that defendant would have to have a…
2Cases cited10 opinions
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Rice v. . Eureka Paper Co.New York Court of Appeals · 1903
- Sanford v. Spivey ex rel. BateTennessee Supreme Court · 1859
- Milligan v. Clayville Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Chernick v. Independent American Ice Cream Co.Appellate Division of the Supreme Court of the State of New York · 1911