Mizak v. Carborundum Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Paul Mizak, to set aside a nonsuit and for a new trial upon a case containing exceptions ordered to be heard at the Appellate Division in the first instance after the court at the Niagara Trial Term had granted defendant’s motion for nonsuit at the close of plaintiff’s case, judgment on the nonsuit being in the meantime suspended.
1Opinion of the Court
Foote, J.:
The action is by servant against master for damages for personal injuries sustained by the fall of a ladder by which plaintiff was attempting to ascend from the ground floor to a platform, a distance of about twelve feet, in the manufacturing plant of defendant. The accident occurred on August 9, 1910. The action is brought under the employers’ liability provisions of the Labor Law (Consol. Laws, chap. 31 [Laws of 1909, chap. 36], art. 14). Plaintiff was employed as a *628machinist’s helper and as such went to all the different parts of defendant’s manufacturing plant to assist the…
2Cases cited3 opinions
- Nappa v. . Erie R.R. Co.New York Court of Appeals · 1909
- Kirby v. . Montgomery Brothers Co.New York Court of Appeals · 1909
- Kelly v. National Starch Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by6 opinions
- Ryan v. Morse Diesel, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- City of Altus v. MartinSupreme Court of Oklahoma · 1954
- Kozlowski v. Alcan Aluminum Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Maceda v. Ellis Chingos Construction Corp.New York Supreme Court · 1960
- City of Altus v. MartinSupreme Court of Oklahoma · 1954
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