Benedict v. Scheider
New York Court of Common Pleas
Appeal from city court, general term. Action by Hyman Benedict against Joseph Scheider to recover damages sustained by plaintiff through the loss of the forefinger of his left hand, which was cut off by the sudden falling of a hammer attached to a machine at which plaintiff was employed in the factory of defendant. A judgment for plaintiff was affirmed by the general term of city court, and defendant again appeals.
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Appeal from city court, general term. Action by Hyman Benedict against Joseph Scheider to recover damages sustained by plaintiff through the loss of the forefinger of his left hand, which was cut off by the sudden falling of a hammer attached to a machine at which plaintiff was employed in the factory of defendant. A judgment for plaintiff was affirmed by the general term of city court, and defendant again appeals. The following opinion per curiam (McAdam, C. J., and Ehrlich and Eitzsimons) was filed December 1, 1890: “The evidence was sufficient to carry the case to the jury. It went to them…
1Opinion of the CourtBischoff, J.
The most important of all duties which devolve upon the ¡master by reason of the contractual relation is so to conduct his affairs to which the employment is incident that the servant is afforded all reasonable assurance of protection to life, health, and limb while he is engaged in the performance of his duties; and to that end the master will be held to the •exercise of due care and caution in the selection of a place reasonably safe for the servant to work in, (Kranz v. Railroad Co., 123 N. Y. 1, 25 N. E. Rep. 206;) of competent fellow-servants, (Mann v. President, etc., 91 N. Y. 495;) and…
2Cases cited10 opinions
- Hickey v. . TaaffeNew York Court of Appeals · 1887
- Burke v. . WitherbeeNew York Court of Appeals · 1885
- Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Cahill v. . HiltonNew York Court of Appeals · 1887
- Kranz v. Long Island Railway Co.New York Court of Appeals · 1890
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3Cited by1 opinion
- McFadden v. CampbellNew York Court of Common Pleas · 1895