Ginsburg v. Wolf
New York Supreme Court
Action for negligence; motion to dismiss the complaint on the evidence after verdict for plaintiff for a new trial.
1Opinion of the CourtPendleton, J.
The action was for negligence. Plaintiff’s hand was caught between the two plates of the machine. A motion was made to dismiss the complaint on the evidence and after a verdict for the plaintiff for a new trial. There was evidence to support the contention, and it must be assumed that the promise to discharge the incompetent fellow-servant was made and plaintiff was requested to continue work, and that the fellow-servant was negligent in failing to push the leather through and that plaintiff was free from negligence, all as claimed by plaintiff. The danger was due to the risk involved in…
2Cases cited10 opinions
- Gibney v. . StateNew York Court of Appeals · 1893
- Citrone v. O'Rourke Engineering Construction Co.New York Court of Appeals · 1907
- Rice v. . Eureka Paper Co.New York Court of Appeals · 1903
- Leeds v. . New York Telephone Co.New York Court of Appeals · 1904
- Citrone v. O'Rourke Engineering Construction Co.Appellate Division of the Supreme Court of the State of New York · 1906
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