Legal Opinion

Smith v. Lidgerwood Manufacturing Co.

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

Decided December 14, 1900PublishedCited by 4 opinions

Appeal from special term, Kings county. Action by Robert J. Smith against the Lidgerwood Manufacturing Company for personal injuries received by the plaintiff while in the employ of the defendant. From a judgment in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.

1Opinion of the CourtWillard Bartlett, J.

“If a master is engaged in a complex business, that requires definite regulations for the safety and protection of his employés, a failure to adopt proper rules, as well as laxity In their enforcement, is negligence per se, and the establishment of defective or improper rules is such negligence as renders the master .responsible for all injuries resulting therefrom.” Wood, Mast. & :S. (2d Ed.) § 403. The rule thus stated by Mr. Wood was approved by the court of appeals in Morgan v. Iron Co., 133 N. Y. 666, 31 N. E. 234, and is to be regarded as correctly laying down the law of this -state on…

2Cases cited1 opinion

  1. Larow v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1891

3Cited by4 opinions

  1. Hamm v. Bettendorf Axle Co.Supreme Court of Iowa · 1910
  2. Smith v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1901
  3. Smith v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1901
  4. Webb v. Buick Motor Co.Michigan Supreme Court · 1914

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