Roche v. India Rubber & Gutta Percha Insulating Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The India Rubber and Gutta Percha Insulating Company, from a judgment of the County Court of Westchester county in favor of the plaintiff, entered in the office of the; clerk of the county of Westchester on the 23d day of September, 1905, upon the verdict of a jury for $250, and also from an order entered in said clerk’s office on the 26th day of September, 1905, denying the defendant’s motio'n for a new trial made upon the minutes:
1Opinion of the Court
Jenks, J.:
The action is by servant against master for neglect to furnish a safe place and safe machinery. The latter omission alone was the subject of a trial which resulted in a verdict for the plaintiff. The servant had been of long service in the master’s factory where, incidental to manufacturing, rubber was thinned out by passing it through certain rolls under great pressure. The rolls were worked by machinery. The servant had been told how to work the machine and what he must do if the rubber was caught in the rolls. There were several machines, of which each included rolls. The servant…
2Cases cited2 opinions
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- Wilson v. New York MillsAppellate Division of the Supreme Court of the State of New York · 1905