O'Brien v. Hencken & Willenbrock Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hencken & Willenbrock Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of October, 1915, upon the verdict of a jury for $150, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Dowling, J.:
Plaintiff, while in the employment of defendant as the driver of a coal wagon, was injured by being struck by the crank handle used in raising and lowering the body of the wagon. At the time he was engaged in delivering a load of coal, and having raised the front part of the wagon body by means of the crank handle, had lowered it slightly, whereupon a “dog” attached to the wheel which plaintiff had been turning, and which had apparently engaged in the “ cogs” of the adjacent wheel (thus insuring the immobility of the body of the wagon) suddenly jumped out of the cogs, thereby…
2Cases cited3 opinions
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- Rodzborski v. . American Sugar Refining Co.New York Court of Appeals · 1914
- Frahm v. Siegel-Cooper Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by5 opinions
- Galotti v. Deansboro Supply Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Robinson v. McCoachAppellate Division of the Supreme Court of the State of New York · 1930
- Toombs v. Texas Oil Co.City of New York Municipal Court · 1932
- Kent v. LajotteAppellate Terms of the Supreme Court of New York · 1918
- Wood v. New York State Electric & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1939