McKeon v. Procter & Gamble Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Procter and Gamble Manufacturing Company, from' a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the. 8th day of May, 1912, upon the verdict of a jury for $12,500 (reduced by stipulation of the plaintiff pursuant to direction of the court to $10,000), and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made…
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Appeal by the defendant, The Procter and Gamble Manufacturing Company, from' a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the. 8th day of May, 1912, upon the verdict of a jury for $12,500 (reduced by stipulation of the plaintiff pursuant to direction of the court to $10,000), and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
We agree, with the opinion of Mr. Justice Benedict at Trial Term (76 Misc. Rep. 599), that under the circumstances here disclosed the chain tongs which broke may be deemed a part of defendant’s plant. (Lipstein v. Provident Loan Society, 154 App. Div. 732, decided herewith.) But under the circumstances here disclosed the liability, if any, of defendant for a defect in the condition of the plant arises but of its negligence in not discovering or remedying such defect. (Labor Law [Consol. Laws, chap. 31; Laws of 1909, chap. 36], § 200, as amd. by Laws of 1910, chap. 352.) While the…
2Cases cited2 opinions
- Lipstein v. Provident Loan Society of New YorkAppellate Division of the Supreme Court of the State of New York · 1913
- McKeon v. Proctor & Gamble Manufacturing Co.New York Supreme Court · 1912
3Cited by2 opinions
- Wiley v. . Solvay Process Co.New York Court of Appeals · 1915
- McKeon v. Procter & Gamble Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1914