Scott v. International Paper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the International Paper Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson on the 15th day of April, 1907, upon the verdict of a jury for $1,375, and also from an order entered in said clerk’s office on the 16th day of April, 1907, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the International Paper Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson on the 15th day of April, 1907, upon the verdict of a jury for $1,375, and also from an order entered in said clerk’s office on the 16th day of April, 1907, denying the defendant’s motion for a new trial made upon the minutes. The action was brought against an employer to recover damages for personal injuries alleged to have been sustained by an employee while working in a paper mill. The complaint stated the…
1Opinion of the Court
Sewell, J.:
The complaint charges a liability based on the provisions of the Employers’ Liability Act. The real claim of the plaintiff, at the *321commencement of the action and as formally made in the complaint, was that proper guards were not placed in front of the calender rollers for the protection of the plaintiff, and, by reason of that defect, the calender was not a safe machine and the place provided for him to work was not safe or proper. Thei'e was no hint in the complaint that any dangers attended the employment of the plaintiff but those incident to the unguarded rollers. The whole…
2Cases cited3 opinions
- Wright v. . DelafieldNew York Court of Appeals · 1862
- Brightson v. H. B. Claflin Co.New York Court of Appeals · 1904
- Degraw v. . ElmoreNew York Court of Appeals · 1872
3Cited by2 opinions
- Kelly v. AustinAppellate Division of the Supreme Court of the State of New York · 1909
- Limerick v. HoldsworthAppellate Division of the Supreme Court of the State of New York · 1910