Kirwan v. . American Lithographic Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 17, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Whether or not the shafting was properly guarded was a question of fact for the jury. (G. F. P. C. Co. v. T. Ins.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 17, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Whether or not the shafting was properly guarded was a question of fact for the jury. (G. F. P. C. Co. v. T. Ins. Co., 162 N. Y. 899; Dillon v. N. C. T. Co., 181 N. Y. 215.) Whether or not the defendant was negligent in failing to warn the plaintiff about the presence of…
1Opinion of the Court
Edward T. Bartlett, J.,The plaintiff was fourteen years and three months old at the time she entered the service of the defendant company, a large bookbinding establishment in the city of Hew York. This was her first employment, having been taken from St. Joseph’s Orphan Asylum for the purpose. She met with the accident, which is the foundation of this action, about ten days after entering upon the discharge of her duties. For at least two-thirds of that time she had been engaged in light work that involved no danger from proximity to machinery. About four days prior to the accident…
2Cases cited2 opinions
- Thedford v. . HerbertNew York Court of Appeals · 1909
- Kirwan v. American Lithographic Co.Appellate Division of the Supreme Court of the State of New York · 1908