Hale v. Wayside Knitting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Wayside Knitting Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 5th day of October, 1900, upon the verdict of a jury for $5,000, and also-from, an order entered in said clerk’s office on the 5th day of October, 1900, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Wayside Knitting Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 5th day of October, 1900, upon the verdict of a jury for $5,000, and also-from, an order entered in said clerk’s office on the 5th day of October, 1900, denying the defendant’s motion for a new trial made upon the minutes. The work which this plaintiff was required to perform by the defendant was to sew up certain seams on shirts and drawers in process of manufacture. She did this by a sewing machine. The…
1Opinion of the Court
Parker, P. J.:
From the conceded facts in this case it is very clear that the place which the defendant furnished to the plaintiff, in which to sit and run her sewing machine, was in all respects a safe one, except in so far as the pile of goods which Harks placed behind her rendered it unsafe.
And the only negligence that can be charged, as the cause of her injury, is the erection of that pile at the place and in the manner in which Harks placed and erected it.
It seems equally clear that Harks, in the work of so placing and erecting that pile, was a fellow-servant of the plaintiff — indeed the…
2Cases cited2 opinions
- Bailey v. President, Managers & Co. of the Delaware & Hudson Canal Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Keenan v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1895