Makoski v. Union Bag & Paper Co.
Appellate Division of the Supreme Court of the State of New York
.Appeal by the plaintiff, Joseph Makoski, as .administrator, etc., from a judgment of the Supreme Court in favor of .the defendant, entered in the office of the clerk of the county of Saratoga on the 26th day of February, 1909, upon a verdict of no cause of' action rendered by direction of the court, and also from ah order entered in said clerk’s office on the 25th day of February, 1909, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kellogg, J.:
The plaintiff alleges that his son, the intestate, by reason of the defendant’s negligence, fell through its chip bin into a pulp digester where he was killed and “ eaten ” up by the acids therein contained. Chip bin Mo. 1 is a circular wooden tank, about twenty-five feet in diameter and about fifteen feet high from floor to roof. The bottom. of the bin i^ about parallel with its top, and above it is a floor slanting from the side towards an opening in the center, at an angle at its steepest part .of about forty-five degrees. In the center the floor slants down in a kind of a…
2Cited by1 opinion
- Makoski v. Union Bag & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1911