Hughes v. Russell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas Russell, from a judgment of the Sup.reme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 22d day of March, 1904, upon the verdict of a jury for $1,200, and also from an order entered in said clerk’s office on the 16th day of April, 1904 denying the defendant’s motion for a hew trial made upon the mi-nut'es.
1Opinion of the Court
Willard Bartlett, J.:
The complaint alleged that the plaintiff, while in the employ of the defendant, was injured by reason of the unsafe and defective condition of an embossing machine furnished to him with which to do his work, and by reason of the carelessness and negligence of the foreman or other person intrusted with and exercising superintendence in behalf of the defendant.
In my opinion the plaintiff failed to establish this allegation or any state of facts rendering the defendant liable for negligence either at common law or under the Employers’ Liability Act (Laws of 1902, chap. 600).
T…
2Cited by3 opinions
- Hughes v. RussellAppellate Division of the Supreme Court of the State of New York · 1906
- Pockrass v. KaplanAppellate Division of the Supreme Court of the State of New York · 1914
- Young v. William Bradley & SonAppellate Division of the Supreme Court of the State of New York · 1908