Gelder v. International Ore Treating Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the International Ore Treating Company, from an order of the Supreme Court, made at the New York Trial Term and entered in the ofQoe of the clerk of the county of New York on the 5th day of September, 1911, as resettled by an order entered in said clerk’s office on the 26th day of September, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Dissent
Miller, J. (dissenting):. The statute provides: “All vats, pans, saws, planers, cogs, gearing, belting, shafting, set-screws and machinery, of every description, shall, be properly guarded ” (Labor Law [Oonsol. Laws, chap. 31; Laws of 1909, chap. 36], § 81, as amd. by Laws of 1909, chap. 299, and Laws of 1910, chap. 106). The machinery upon -which the plaintiff was injured was called a “jointer.” It consisted of a steel table, with an opening in *189the center through which revolving knives projected. The risk in running it was precisely like that involved in running a circular saw, one of the…
2Cases cited4 opinions
- Glens Falls Portland Cement Co. v. Travelers' InsuranceNew York Court of Appeals · 1900
- Scott v. . International Paper Co.New York Court of Appeals · 1912
- Proctor v. Rockville Centre Milling & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Kimmerle v. Carey Printing Co.Appellate Division of the Supreme Court of the State of New York · 1911