Kimball v. O'Dell & Eddy Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The O’Dell & Eddy 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 6th day of May, 1908, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 14tli day of May, 1908, denying the defendant’s motion for a new trial made Upon the - minutes.
1Opinion of the Court
Kruse, J.:
The judgment from which the appeal is taken was recovered for personal injuries, alleged to have been sustained by the plaintiff through the negligence of the defendant. The plaintiff was hurt while at work in the defendant’s mill, where it manufactured blocks for shoe lasts. A wooden drive wheel or pulley burst, and a piece struck the' plaintiff, breaking his leg.
The governor of the engine failed to work, thus permitting the engine to run away (as the plaintiff states it), its speed, being accelerated to such an extent that the pulley burst. The power which operated the governor…
2Cited by1 opinion
- Kimball v. O'Dell & Eddy Co.Appellate Division of the Supreme Court of the State of New York · 1910