Basel v. Arsonia Clock Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant from a judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 8th day of February, 1913, in favor of the plaintiff, and from an order entered in said clerk’s office on the 10th day of February, 1913, denying a motion for a new trial.
1Opinion of the Court
Burr, J.:
A machine properly guarded within the meaning of the requirements of the Labor Law* is a machine guarded against accidents which may be reasonably expected to occur, or which in the exercise of reasonable care the master should have anticipated were likely to occur. *913While the machine in this case was guarded to an extent, it was not guarded sufficiently to prevent the hand of plaintiff’s fellow-servant, when it slipped, from coming in contact with the lever and causing the plunger to descend, with injurious consequences to plaintiff. In view of the evidence that articles from time to…
2Cases cited1 opinion
- McEwen v. Borden's Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1912
3Cited by2 opinions
- Michalski v. American Machine & Foundry Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Michalski v. American Machine & Foundry Co.Appellate Division of the Supreme Court of the State of New York · 1915