Larsen v. Lackawanna Steel Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Lackawanna Steel Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 17th day of November, 1909, upon the verdict of a jury for $4,750, and also from an order entered in said clerk’s office on the 2d day of December, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
"Williams, J.:
The judgment and order should be reversed and a new trial granted, with costs to the appellant to abide event.
The action is for negligence. Plaintiff was, at the time of the accident, an employee of defendant, and was injured by .being caught by a set screw upon a revolving shaft. It is claimed the failure to guard the set screw, under the circumstances of this case, was negligence on defendant’s part, and that such negligence was the cause of the accident and plaintiff’s injuries.
Very likely the jury were justified in finding-these propositions in favor- of the plaintiff. There…
2Cited by2 opinions
- Larsen v. Lackawanna Steel Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Hickey v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1914