O'Connor v. . Webber
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 30, 1915, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 30, 1915, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to submit this case to the jury with instructions that they might find that this was a dangerous machine and that the defendants were guilty of negligence in permitting the plaintiff to work at it, there being no evidence to support such a finding, and the exceptions to the court’s instructions with…
1Opinion of the CourtCardozo, J.
This is an action for personal injuries. The plaintiff was employed in the defendants’ butcher shop. When customers asked for chopped meat, it was one of his duties to chop it. The meat chopping machine is ran by electricity. At the top there is a hopper or funnel, four inches high, its diameter about four or five inches at the top and two and a half or three inches at the bottom. Beneath it is a revolving worm or screw, covered on all sides and open only at the top at its junction with the hopper. The meat is fed into the hopper and pushed down with a stick. The stick, touching the screw,…
2Cases cited5 opinions
- Devlin v. . SmithNew York Court of Appeals · 1882
- Harley v. Buffalo Car Manufacturing Co.New York Court of Appeals · 1894
- Shannahan v. . Empire Engineering Corp.New York Court of Appeals · 1912
- Carlson v. Phoenix Bridge Co.New York Court of Appeals · 1892
- Reynolds v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1897
3Cited by7 opinions
- O'Connor v. WebberNew York Court of Appeals · 1924
- Frein v. Sears, Roebuck & Co.New York Supreme Court · 1953
- People v. Cross & Brown Co.Appellate Division of the Supreme Court of the State of New York · 1931
- People v. R. F. Stevens Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Kass v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1962
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