Brockett v. Mietz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fred Mietz, from a judgment of the County Court of Oswego county in favor of the plaintiff, entered in the office of the clerk of said county on the 18th day of June, 1917, upon the verdict of a jury for $300, and also from an order entered in said clerk’s office on the 8th day of August, 1917, denying defendant’s motion for a new trial made upon the minutes.
1Per curiam
The plaintiff has recovered a verdict for personal injuries received on December 16, 1916, while at work for the defendant. A load of logs was being hauled to a mill. The plaintiff was the teamster. The defendant was present when the logs were loaded. He thought it was unnecessary to bind the load, but a failure to do so resulted in the load tipping over or in some way becoming disarranged, injuring the plaintiff.
The defendant is a farmer and the logs were cut on his farm and the plaintiff may fairly be classed as a farm hand.
The question is whether plaintiff’s employment is within the…
2Cited by5 opinions
- Miller & Lux Inc. v. Industrial Acc. Com.California Supreme Court · 1919
- Bartlett v. DarrahIdaho Supreme Court · 1955
- Bradley v. BlakelyLouisiana Court of Appeal · 1934
- Caldana v. BuezenburgAppellate Division of the Supreme Court of the State of New York · 1923
- Chowdhury v. 390 FifthAppellate Division of the Supreme Court of the State of New York · 2003