Martin v. Walker & Williams Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Walker & Williams 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 Albany on the 30th day of March, 1908, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 31st day of March, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cochrane, J.:
This action on a former appeal is reported in 122 Appellate Division, 280. A judgment in favor of plaintiff was reversed on that appeal because plaintiff, had been permitted to recover for the negligence of.defendant in allowing the rollers of a garnet machine operated by it to remain unguarded or uncovered, which negligence *734was not alleged in the complaint. Plaintiff was an employee of the defendant and his duties required him to work around this machine. His contention is that he slipped in a pool of oil on a platform adjacent-to the machine and in falling thrust his hand into…
2Cases cited3 opinions
- Cobb v. WelcherNew York Supreme Court · 1894
- King v. ReidAppellate Division of the Supreme Court of the State of New York · 1908
- Sitts v. Waiontha Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Ostermann v. WareAppellate Division of the Supreme Court of the State of New York · 1909