Hall v. United States Radiator Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the United States Radiator Company, ■from a judgment of the County Court of Chautauqua ¡ county in' favor of the plaintiff, entered in the office of the cleric of the county ■of Chautauqua on the 20th day of February, 1899, upon the verdict -of a jury for $1,500, and also from an order entered in said clerk’s -office on the 28th day of April, 1899, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the United States Radiator Company, ■from a judgment of the County Court of Chautauqua ¡ county in' favor of the plaintiff, entered in the office of the cleric of the county ■of Chautauqua on the 20th day of February, 1899, upon the verdict -of a jury for $1,500, and also from an order entered in said clerk’s -office on the 28th day of April, 1899, denying the defendant’s motion for a new trial made upon the minutes. The plaintiff was employed by defendant as a laborer from the .latter part of July, 1897, to November first of that year. He helped in the shipping room…
1Opinion of the Court
Laughlin, J.:
This record presents a very close question as to whether the plaintiff did not, as matter of law, assume the risk. (Benfield v. Vacuum Oil Co., 75 Hun, 209 ; 151 N. Y. 671; Farrell v. Tatham, 36 App. Div. 319 ; Moore v. E. M. Birdsall Co., 22 Wkly. Dig. 528 ; Koehler v. Syracuse Specialty Mfg. Co., 12 App. Div. 50 ; Bohn v. Havemeyer, 114 N. Y. 296 ; Carlson v. Monitor Iron Works, 38 App. Div. 39: Martin v. Cook, 37 N. Y. St. Repr. 733.) But we think the evidence was sufficient to require the submission to the jury of this question, and also of the questions (1) whether the…
2Cases cited14 opinions
- Davidson v. . CornellNew York Court of Appeals · 1892
- Mather v. RillstonSupreme Court of the United States · 1895
- Smith v. Peninsular Car WorksMichigan Supreme Court · 1886
- Kaare v. Troy Steel & Iron Co.New York Court of Appeals · 1893
- Holland v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
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3Cited by8 opinions
- Smith v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Dyer v. BrownAppellate Division of the Supreme Court of the State of New York · 1901
- Hall v. United States Radiator Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Butterfield v. StateAppellate Division of the Supreme Court of the State of New York · 1923
- Dorney v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1901
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