Kircher v. Iron Clad Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Iron Clad Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 5th day of April, 1909, upon the verdict of a jury for $2,250, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Iron Clad Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 5th day of April, 1909, upon the verdict of a jury for $2,250, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes. The intestate was employed by the defendant to run an elevator in its mercantile establishment, where it sold the goods it made in its adjoining factory.
1Opinion of the Court
Gaynor, J.:
No one saw the accident happen, and there is no evidence showing what caused it. There was nothing the matter with the elevator or its machinery. The defendant was prohibited by section 162 of *145the Labor Law from employing any one under 16 years of age in its mercantile establishment, without a certain certificate of the health authorities, and the deceased was between 14 and 15 and no such certificate had been issued. The rule applicable seems to be the same as that applicable to section 70 of the Labor Law, which is a similar prohibition against employing children to work in…
2Cases cited2 opinions
- Marino v. . LehmaierNew York Court of Appeals · 1903
- Koester v. . Rochester Candy WorksNew York Court of Appeals · 1909
3Cited by7 opinions
- Karpeles v. . HeineNew York Court of Appeals · 1919
- Boesel v. Wells Fargo & Co.Supreme Court of Missouri · 1914
- Vincent v. Riggi & Sons, Inc.New York Court of Appeals · 1972
- Stenson v. J. H. Flick Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Karpeles v. HeineAppellate Division of the Supreme Court of the State of New York · 1917
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