Franck v. American Tartar Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the American Tartar Company, from a judgment'of the Supreme Court in favor of the plaintiff, bearing date the 15th day of April, 1903, and entered in the office of the clerk of the county of Kings upon thfe verdict of a jury for $6,500, and also from an order entered in said clerk’s office on the 15th day ' of April, 1903, denying the said defendant’s motion for a new trial made upon the minutes..
1Opinion of the Court
Jenks, J. :
The action is for breach of a master’s duty to his servant. The master is a manufacturer of cream of tartar. It used in the process a wooden tank twenty-two feet high and fourteen feet in diameter. Suspended in the center of the tank was a copper cylinder about two and one-half feet in diameter. Two steam pipes which ran through the cylinder ejected steam at the lower ends, and thereby both agitated and boiled the material put into the tank. Heat was also furnished by a coil of steam pipe at the bottom of the tank. The top of the cylinder was covered by a copper plate about three…
2Cases cited13 opinions
- Fuller v. . JewettNew York Court of Appeals · 1880
- Cone v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1880
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
- Bailey v. . R., W. O.R.R. Co.New York Court of Appeals · 1893
- Finn v. . CassidyNew York Court of Appeals · 1901
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3Cited by4 opinions
- Murphy v. Rochester Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Dittman v. Edison Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Schlappendorf v. American Railway Traffic Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Krueger v. Bartholomay Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1904