Bushtis v. Catskill Cement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph Bushtis, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Greene on the 6th day of May, 1908, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case upon a trial at the Greene Trial Term. The defendant was operating a cement mill in the village of Catskill. In its factory is what is known as the clay room.
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Appeal by the plaintiff, Joseph Bushtis, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Greene on the 6th day of May, 1908, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case upon a trial at the Greene Trial Term. The defendant was operating a cement mill in the village of Catskill. In its factory is what is known as the clay room. Into this room clay is brought upon an elevated railroad structure and dumped from the cars upon the floor. This railroad is about twelve feet above…
1Opinion of the Court
Smith, P. J.:
It is difficult to see how reasonable prudence could have dictated to the defendant additional guards to its machinery.; The opening in the floor leading to the clay machine could not have been guarded because there was' continual necessity of an open way into which the clay could be thrown into the machine. It is suggested that a rail might be put up to prevent the man there at work from falling in. It would require extraordinary foresight, however, to anticipate that a man with a. thorough knowledge of the existence of the opening should be stepping into the machine, or that a…
2Cases cited3 opinions
- Knisley v. . PrattNew York Court of Appeals · 1896
- O'Neil v. KarrAppellate Division of the Supreme Court of the State of New York · 1906
- Ward v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by3 opinions
- Wiley v. . Solvay Process Co.New York Court of Appeals · 1915
- Matrusciello v. Milliken Bros.Appellate Division of the Supreme Court of the State of New York · 1910
- Chernick v. Independent American Ice Cream Co.Appellate Division of the Supreme Court of the State of New York · 1911