McEwen v. Borden's Condensed Milk Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Oscar W. McEwen, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Orange Trial Term in December, 1911.
1Opinion of the Court
Hirschberg, J.:
The action is to recover compensation for damages received from injuries charged to the defendant’s negligence. It is brought under the Employers’ Liability Act (Laws of 1902, chap. 600; Labor Law [Consol. Laws, chap. 31; Laws of 1909, chap. 36], art. 14), and the negligence charged is violation *186of the requirements of section 81 of the Labor Law (Consol. Laws, chap. 31; Laws of 1909, chap. 36), requiring all cogs, gearing, set screws and machinery of every' description to be properly guarded. " At the time of the accident, on August 15, 1909, the plaintiff, nearly of age, had…
2Cases cited7 opinions
- Glens Falls Portland Cement Co. v. Travelers' InsuranceNew York Court of Appeals · 1900
- Fitzwater v. . WarrenNew York Court of Appeals · 1912
- Martin v. Walker & Williams Manufacturing Co.New York Court of Appeals · 1910
- Hartman v. The Berlin & Jones Envelope Co.New York Supreme Court · 1911
- Finkle v. Bolton Landing Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Basel v. Arsonia Clock Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Kimmerle v. Carey Printing Co.Appellate Division of the Supreme Court of the State of New York · 1913