Buckley v. Gutta Percha & Rubber Manufacturing Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 23, 1886, which affirmed a judgment in favor oi plaintiff entered upon a verdict. This action was brought to recover damages for injuries received by plaintiff through the alleged negligence of defendant. The facts are sufficiently stated in the opinion. This being an inevitable accident, defendant was not liable.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 23, 1886, which affirmed a judgment in favor oi plaintiff entered upon a verdict. This action was brought to recover damages for injuries received by plaintiff through the alleged negligence of defendant. The facts are sufficiently stated in the opinion. This being an inevitable accident, defendant was not liable. (Hickey v. Taaffe, 105 N. Y. 26; Kelly v. S. B. R. R. Co., 109 id. 44.) The directions which O’Rorke gave the boy as to putting the shell in were the act…
1Opinion of the CourtEarl, J.
At the time the plaintiff was injured he was about twelve years old. In July 1882, he applied to the defendant for employment, and its foreman took him to O’Rorke, who had charge of one of its machines, and told the boy to do whatever O’Rorke directed him. The business of the defendant was to coat cloth with rubber, and for that purpose it had a number of machines, in a large room, operated by steam. The machines were simple, and whatever danger there was in their operation was obvious. It is difficult to describe them without a photograph or model, and we will not attempt to do it.
The…
2Cases cited1 opinion
- Hickey v. . TaaffeNew York Court of Appeals · 1887
3Cited by49 opinions
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Ciriack v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1890
- Forquer v. NorthMontana Supreme Court · 1910
- Levey v. BigelowIndiana Court of Appeals · 1893
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