Minsky v. Offenberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Israel Offenberg and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of November, 1914, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 2d day of December, 1914, denying defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
Plaintiff while working a rip saw in defendants’ shop lost a finger. The sharply contested question of fact in the case was whether or not the saw was guarded. Plaintiff, of course, said it was not, but the decided preponderance of evidence was to the effect that it was. Although the complaint charged the defendants with many forms of negligence, there was no charge that the machine on which plaintiff was working was of an obsolete pattern or was not a proper machine to do the work for which it was used. The court, however, over defendants’ objection and exception, permitted the…
2Cited by1 opinion
- Cleary v. R. E. Dietz Co.New York Court of Appeals · 1917