Nowak v. Delaney Forge & Iron Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Paul Nowak, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 26th day of February, 1913, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case upon a trial before the court and a jury at the Erie Trial Term.
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Appeal by the plaintiff, Paul Nowak, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 26th day of February, 1913, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case upon a trial before the court and a jury at the Erie Trial Term. Plaintiff also appeals from said judgment as corrected by an order entered in said clerk’s office on the 18th day of March, 1913, striking therefrom the words “upon the merits.”
1Opinion of the Court
Lambert, J.:
Defendant is engaged in a manufacturing business at Buffalo. Plaintiff was injured while in its employ and brings this action to recover for such injuries. The facts involved are as follows:
The business of the defendant required the moving about its yard of railroad cars, and on the occasion in question it was necessary to bring a car up a slight grade toward and into the buildings of defendant. The movement was accomplished, as it had been customarily, by a steel cable passed from the car and around a revolving drum or niggerhead located within the shop building. The cable was…
2Cases cited3 opinions
- Doing v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1897
- Van Alstine v. Standard Light, Heat & Power Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Banchetti v. Gorsline & Swan Construction Co.Appellate Division of the Supreme Court of the State of New York · 1912
3Cited by1 opinion
- Nowak v. Delaney Forge & Iron Co.Appellate Division of the Supreme Court of the State of New York · 1915