Jacobsen v. Cornelius
New York Supreme Court
Appeal from special term. Action by Isaac Emiel Jacobsen, an infant, by his guardian, Jacob Jacob-sen, against James Cornelius, to recover for injuries sustained by the plaintiff while in the employ of the defendant, and while attempting to replace a belt which furnished the motive power for a machine at which he was at work.
1Opinion of the CourtBarnard, P. J.
The evidence makes out no cause of action, and the plaintiff was properly nonsuited. The plaintiff was about 18 years of age, and had been employed about six months in the defendant’s machine-shop. There was no proof tending to show that the machinery by which the plaintiff was injured was defective in such respects as would support an action for neglect against the master. The general rule is that the employé assumes the risks of the employment. The master is not bound to furnish the very best and safest machines. The implement must be reasonably safe of its kind, and adapted to the…
2Cases cited2 opinions
- Lafflin v. . Buffalo Southwestern R.R. Co.New York Court of Appeals · 1887
- Third Avenue R.R. Co. v. . EblingNew York Court of Appeals · 1885
3Cited by5 opinions
- Haines v. SpencerCourt of Appeals for the Third Circuit · 1909
- American Locomotive Co. v. WhiteCourt of Appeals for the Third Circuit · 1913
- Smith v. SimmonsNew York Supreme Court · 1892
- Brumfield v.HillNew York Supreme Court · 1889
- Oties v. Cowles Electric Smelting Co.New York Supreme Court · 1889