Hunter v. Federal Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Federal Casualty Company of Detroit, Michigan, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ontario on the 12th day of May, 1921, upon the verdict of a jury for $840, and also from an order, entered in said clerk’s office on the 11th day of May, 1921, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hubbs, J.:
The plaintiff, at the time when he was injured, was thirty-six years of age, in good health, and weighed over 200 pounds. *225He was employed in a grain elevator. On September 14,1918, he was operating a belt grain elevator, elevating wheat. The elevator buckets which carried up the wheat were fastened to a belt and incased in a wooden trough or frame. The elevator became clogged and he removed a piece of board from the front side of the case and took a pick axe, inserted the end of the handle under one of the buckets and lifted up with all of his strength. The elevator started suddenly…
2Cases cited2 opinions
- Root v. London Guarantee & Accident Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Root v. . London Guarantee and Accident CompanyNew York Court of Appeals · 1905
3Cited by17 opinions
- Mutual Benefit Health & Accident Ass'n v. BuntingSupreme Court of Florida · 1938
- Davidson v. First American InsuranceNebraska Supreme Court · 1935
- Penrose v. Commercial Travelers Insurance Co.Idaho Supreme Court · 1954
- Hodgson v. Mutual Benefit Health & Accident Ass'nSupreme Court of Kansas · 1941
- Commercial Casualty Insurance v. CampfieldAppellate Court of Illinois · 1927
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