Mansell v. Conrad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William B. Conrad and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in'the office of the clerk of the county of Kings on the 27th day of March, 1907, upon the verdict of a jury for $8,000, as reduced by the court to $3,500, and also from an order entered in said clerk’s office on the 20th day of March, 1907, denying the said defendants’ motion for a new trial made upon the minutes.
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Appeal by the defendants, William B. Conrad and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in'the office of the clerk of the county of Kings on the 27th day of March, 1907, upon the verdict of a jury for $8,000, as reduced by the court to $3,500, and also from an order entered in said clerk’s office on the 20th day of March, 1907, denying the said defendants’ motion for a new trial made upon the minutes. The action was for damages for negligence. The plaintiff, a sixteen year old girl, ivas employed by the defendants to feed an ironing machine or mangle…
1Opinion of the Court
Gaynor, J.:
This case is different to that of Hickey v. Taaffie (99 N. Y. 204; 105 id. 26), which the appellants do not cite or claim to be applicable. The case is argued on the question of negligence and contributory negligence from the standpoint of the condition of the guard in front of the drum and roller. It is contended that if the plaintiff had her eyes on her work she would have seen the guard going up and down, and avoided the accident. It is also argued that she must have seen that the guard was loose, and that therefore she assumed the risk of the defect. We have to remember that…
2Cases cited2 opinions
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Hickey v. . TaaffeNew York Court of Appeals · 1885
3Cited by2 opinions
- Bria v. Westinghouse, Church, Kerr & Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Rosasco v. Ideal Opening Die Co.New York Supreme Court · 1913