Baker v. Empire Wire Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Empire Wire Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 5th day of April, 1904, upon the verdict of a jury for $3,250, and also from an order entered in said clerk’s office on the 3d day of May, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hiscock, J.:
Plaintiff’s intestate was employed in defendant’s factory, and upon the night of July 15, 1903, slipped and fell upon some cleats upon a gangway therein, receiving injuries which caused his death. This action was brought under the provisions of the Employers’ Liability Act, so called (Laws of 1902, chap. 600), and amongst other things it was claimed that the defendant was negligent in not placing a railing upon each side of the gangway and also in allowing to become worn and defective cleats which had been placed thereon for the purpose of preventing slipping.
We think that the…
2Cases cited1 opinion
- Marsh v. . ChickeringNew York Court of Appeals · 1886
3Cited by5 opinions
- American Coal Mining Co. v. LewisIndiana Court of Appeals · 1922
- McKeon v. Proctor & Gamble Manufacturing Co.New York Supreme Court · 1912
- Chernick v. Independent American Ice Cream Co.Appellate Terms of the Supreme Court of New York · 1911
- Baumann v. SchrumpfAppellate Division of the Supreme Court of the State of New York · 1910
- Chernick v. Independent American Ice Cream Co.Appellate Terms of the Supreme Court of New York · 1911