Simpson v. New York Rubber Co.
New York Supreme Court
Appeal from circuit court, Dutchess county. Action by George L. Simpson against the New York Rubber Company to recover damages for personal injuries sustained by plaintiff while engaged at work in defendant’s factory. From a judgment entered on a verdict in favor of plaintiff for $5,000, and from an order denying a motion for a new trial, defendant appeals. Affirmed.
1Concurrence
BROWN", P. J.
(concurring). I concur m the affirmance of the Judgment in this case, but I do not now agree to the proposition that an employé cannot waive the provisions of the statute which requires owners of manufacturing establishments to properly guard all machinery, so far as the statute may be treated as having been enacted for the employé’s benefit and protection. Whether the plaintiff had waived the benefit of the statute was, upon the trial, treated by the court and counsel as a question of law. No request was made to have the question of waiver submitted to the jury. It is true the…
2Cases cited4 opinions
- Freeman v. Glens Falls Paper-Mill Co.New York Supreme Court · 1891
- Freeman v. Glens Falls Paper-Mill Co.New York Supreme Court · 1893
- White v. . Wittemann Lithographic CompanyNew York Court of Appeals · 1892
- Knisley v. PrattNew York Supreme Court · 1894