Legal Opinion

Chernick v. Independent American Ice Cream Co.

Appellate Terms of the Supreme Court of New York

Decided May 15, 1911PublishedCited by 1 opinion

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

  1. Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
  2. Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
  3. Rice v. . Eureka Paper Co.New York Court of Appeals · 1903
  4. Sanford v. Spivey ex rel. BateTennessee Supreme Court · 1859
  5. Milligan v. Clayville Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1910

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3Cited by1 opinion

  1. Chernick v. Independent American Ice Cream Co.Appellate Division of the Supreme Court of the State of New York · 1911

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