Manchester v. Marsh
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Sara-toga on the 9th day of March, 1912, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Saratoga Trial Term.
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Appeal by the plaintiff from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Sara-toga on the 9th day of March, 1912, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Saratoga Trial Term. Judgment reversed and new trial granted, with costs to appellant to abide event, upon the authority of Witzwater v. Warren (206 N. Y. 365). All concurred; Betts, J., in opinion in which Kellogg, J., concurred.
1Opinion of the Court
Betts, J. (concurring):
The plaintiff, a lad about eighteen years old, had been employed by the defendants five days. He had been previously *925employed for about five years in a planing mill at work upon a planer, which was an entirely dissimilar machine to the jointer upon which he was at work at the time of the accident. He was hired by one of the defendants, who took him to his son with the statement to show the plaintiff what to do. Then the defendant left the plaintiff and gave him no other directions. The son took him to a jointer which plaintiff had never run before and set him to work on…
2Cases cited4 opinions
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Fitzwater v. . WarrenNew York Court of Appeals · 1912
- Petze v. . Morse Dry Dock and Repair CompanyNew York Court of Appeals · 1909
- Graves v. Gustave Stickley Co.Appellate Division of the Supreme Court of the State of New York · 1908