Rodzborski v. American Sugar Refining Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the American Sugar Refining Company of New York, 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 16th day of December, 1910, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 5th day of January, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The plaintiff was seriously injured while cleaning snow and ice from a belt used as a coal conveyor in the defendant’s factory. This belt was about twenty-five inches wide and ran in a horizontal position over wheels, at either end operated by a shaft and gearing, connected with a motor by a small belt running vertically. It was situated in a dark room at the top of defendant’s factory and seems to have' been motionless when the plaintiff was directed to clean the accumulations of snow and ice from it. Whether the motor was running at that time, and whether the belt could have…
2Cases cited21 opinions
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- Cosselmon v. . DunfeeNew York Court of Appeals · 1902
- Adams v. FieldSupreme Court of Vermont · 1849
- Drury v. YoungCourt of Appeals of Maryland · 1882
- James v. . PattenNew York Court of Appeals · 1851
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3Cited by2 opinions
- Valenti v. MesingerAppellate Division of the Supreme Court of the State of New York · 1916
- Rosasco v. Ideal Opening Die Co.New York Supreme Court · 1913