Havholm v. Whale Creek Iron Works
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Whale Creek Iron Works, from an order of the Supreme Court, made at the Queens County Trial Term and entered in the office of the clerk of the county of Queens on the 23d day of December, 1913, setting aside the verdict of a jury in favor of the defendant, and granting plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
On July 15, 1912, plaintiff, employed as a patternmaker’s helper in defendant’s factory, sustained serious injury because his left hand came in contact with a circular saw upon which he was then at work. In this action he asserted neglect of the master’s duty in two respects: First, in failing to properly guard the saw, and second, in omitting to properly instruct him as to the use thereof. Each of the questions arising upon the evidence in connection with such contentions was submitted to the jury in a clear and concise charge to which plaintiff took no exception. The jury found a…
2Cases cited8 opinions
- Patnode v. FooteAppellate Division of the Supreme Court of the State of New York · 1912
- Desbecker v. McFarLineAppellate Division of the Supreme Court of the State of New York · 1899
- Card v. . MooreNew York Court of Appeals · 1903
- Card v. MooreAppellate Division of the Supreme Court of the State of New York · 1902
- Gorham Co. v. United Engineering & Contracting Co.New York Court of Appeals · 1911
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3Cited by1 opinion
- Marks v. StoltsAppellate Division of the Supreme Court of the State of New York · 1914