Rice v. . Eureka Paper Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 20, 1902, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant was guilty of negligence.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 20, 1902, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant was guilty of negligence. (Radman v. Haberstro, 17 N. Y. S. R. 497 ; Thomas on Negligence, 746 ; Benzing v. Steinway & Sons, 101 N. Y. 541 ; Laning v. N. Y. C. & H. R. R. R. Co., 49 N. Y. 521 ; Corcoran v. Holbrook, 59 N. Y. 517 ;…
1Opinion of the CourtWerrer, J.
This action is brought to recover damages for injuries sustained by plaintiff through defendant’s alleged negligence. The facts, which for the purposes of this appeal must be taken as true, are briefly as follows: In April, 1900, and for a number of years prior thereto the defendant was engaged in the manufacture of paper in its mill located at Oswego Falls, E. Y. As part of its equipment it had a machine known as a “ rag cutter ” which was on the second floor of the mill almost directly over the main power shaft which extended through the first story of the building near the ceiling. This “…
2Cases cited25 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Indianapolis & St. Louis Railway Co v. WatsonIndiana Supreme Court · 1888
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3Cited by41 opinions
- Citrone v. O'Rourke Engineering Construction Co.New York Court of Appeals · 1907
- Huggard v. Glucose Sugar Refining Co.Supreme Court of Iowa · 1906
- Anderson v. SeropianCalifornia Supreme Court · 1905
- Johnson v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1924
- Yaconi v. Brady & Gioe, Inc.New York Court of Appeals · 1927
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