Fox v. Le Comte
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendant,. Joseph Le Comte, from a judgment of the City Court of Brooklyn in favor of the plaintiff,, entered in the office of the clerk of said court on the 14th day of May, 1895, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 14th day of May, 1895, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J. :
This action is servant against master to recover damages for personal injuries. The plaintiff, a boy of sixteen years, Was employed to- work a power press, which is set in motion by pressure *62of the foot upon a treadle. When the pressure is removed' the punch should come to rest. After working some two weeks in the factory, part of his thumb was cut off by the plunger or punch." The plaintiff’s claim was that the press was out of order and the plunger moved without pressure being applied to the treadle. The defendant’s claim was that the press-was nowise defective, but that the…
2Cases cited2 opinions
- Webber v. . PiperNew York Court of Appeals · 1888
- How v. . Union Mutual Life Ins. Co.New York Court of Appeals · 1880
3Cited by12 opinions
- Strauss v. Haberman Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Kaplan v. New York Biscuit Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Slomka v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1920
- In re the Arbitration between Livingston & Cheney-Frantex, Longford-Weavers, Inc.Appellate Division of the Supreme Court of the State of New York · 1961
- McCready v. Staten Island Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1900
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