Branoner v. Traitel Marble Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Traitel Marble Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of March, 1910, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 24th day of March, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
Defendant appeals from a judgment entered upon a verdict, and from an order denying a motion for a new trial. The action is for damages for a personal injury. The defendant was engaged in the marble business, which involved the cutting of blocks of marble into slabs by means of saws operated by electrical machinery, the power being furnished by a boiler *570and steam engine. Plaintiff was the assistant engineer, his tour of duty covering the night time. In the room next to the one in. which he was employed was the machinery operating the saws, and it was a part of his duty to assist…
2Cases cited1 opinion
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
3Cited by1 opinion
- Baird v. DouglassAppellate Division of the Supreme Court of the State of New York · 1922