Neuweiler v. Central Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Central Brewing Company of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 2ith day of July, 1906, upon the verdict of a jury for $3,000,' and also from an order entered in said clerk’s office on the 19th day of July, 1906, denying the defendant’s motion for a new trial made "upon the minutes.
1Opinion of the Court
Gaynor, J.:
' While the plaintiff was planing barrel staves on a steam planing ' machine-one of them drew his hand into the planing knives by a sudden jerk. The knives came up through the table. The questions submitted to'the jury were whether the knives should have been guarded, except the. space necéssary for the board to go through, and, if so, whether the plaintiff had assumed the risk caused by the absence of such a guard. There -was evidence that the guayd was practicable and in use. Section 81 of the Labor Law • requires that certain machinery, including “ planers ”, shall be properly…
2Cited by3 opinions
- Graves v. Gustave Stickley Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Perrotta v. Richmond Brick Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Neuweiler v. Central Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1907