Legal Opinion

McManus v. Davitt

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1904PublishedCited by 3 opinions

Appeal by the defendant, Albert W. Davitt, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 9th day of July, 1903, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 29th day of July, 1903, denying the defendant’s motion for a new trial made upon the minutes. Plaintiff was an employee of defendant, and worked in his knitting mill.

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Appeal by the defendant, Albert W. Davitt, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 9th day of July, 1903, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 29th day of July, 1903, denying the defendant’s motion for a new trial made upon the minutes. Plaintiff was an employee of defendant, and worked in his knitting mill. He was about nineteen years old, and was hurt June 22,1900. He brought this action to recover damages for the loss of four fingers from…

1Opinion of the Court

Parker, P. J.:

The sole negligence- which is charged against the defendant is that he. failed to notify the plaintiff when he changed from the “ lopper ” machine to the “ picker,” that there were rollers at the end thereof, which received and carried away, the cotton from the revolving apron upon which the plaintiff was required, to place it. There were two fluted steel rollers across the machine about three and one-half feet long, up to which the revolving apron carried cotton placed thereon and between which such cotton was then pinched and, by their revolutions, was carried into a covered…

2Cited by3 opinions

  1. Munday v. Nassau Electric RailroadNew York Supreme Court · 1917
  2. John Simmons Co. v. Piercy & Co.Appellate Terms of the Supreme Court of New York · 1908
  3. John Simmons Co. v. Piercy & Co.Appellate Terms of the Supreme Court of New York · 1908

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