Schmnoske v. Asphalt Ready Roofing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Asphalt Ready Roofing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rockland on the 14th day of November, 1907, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 14th day of November,-1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The servant complains that the master worked its machinery in an improper way ; that the machinery was dangerous and defective and unprotected, contrary to the law; that the machinery was worked in part by an infant under 14 years of age, as the defendant’s super-*501interment well knew, and that the injuries suffered were due to an unsafe place for work. The servant filed a notice under the Employers’ Liability Act. I think the judgment entered upon the verdict against the master cannot stand. The servant was in his 19tli year. He worked at a table in a factory wherein the defendant…
2Cases cited10 opinions
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Glens Falls Portland Cement Co. v. Travelers' InsuranceNew York Court of Appeals · 1900
- Ryan v. . FowlerNew York Court of Appeals · 1862
- Jorgenson v. Johnson Chair Co.Illinois Supreme Court · 1897
- Wright v. RawsonSupreme Court of Iowa · 1879
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3Cited by2 opinions
- Holliday v. Merchants & Miners Transportation Co.Supreme Court of Georgia · 1926
- Connell v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911