Kenyon v. Wm. P. Sanford Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal, by the plaintiff, Maggie Kenyon, by her guardian ad litem, Daniel W. Cahill, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the 15th dayuf January, 1906, upon the verdiet of a jury rendered after a trial at the Jefferson Trial Term, dismissing the complaint upon the merits, and also from an order entered in said clerk’s office on the 22d> day of January, 1906, denying the plaintiff’s…
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Appeal, by the plaintiff, Maggie Kenyon, by her guardian ad litem, Daniel W. Cahill, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the 15th dayuf January, 1906, upon the verdiet of a jury rendered after a trial at the Jefferson Trial Term, dismissing the complaint upon the merits, and also from an order entered in said clerk’s office on the 22d> day of January, 1906, denying the plaintiff’s motion for a new trial made upon the minutes. The action was commenced on the 3d day of June, 1905, to recover damages for…
1Opinion of the Court
McLennan, P. J.:
The acts or omissions of the defendant which it is claimed constituted actionable negligence and resulted in injury to the plaintiff' are set forth in the complaint. In effect it is alleged:
First', that plaintiff, then'being fifteen years of age, was employed by the defendant to work upon and operate a machine which was unsafe, defective and out of repair to defendant’s knowledge;
Second, that such machine was not propbrly guarded as required by law;
Third, that the defendant was negligent in employing the pláintiff in violation of the provisions of the Labor Law (Laws of. 1897,…
2Cases cited2 opinions
- Marino v. . LehmaierNew York Court of Appeals · 1903
- Sitts v. Waiontha Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Buffum v. F. W. Woolworth Co.Missouri Court of Appeals · 1925
- Schmidt v. Printing Business of BruenNew York Supreme Court · 1907