Legal Opinion

Hess v. Furst

Appellate Terms of the Supreme Court of New York

Decided June 25, 1909Published

Appeal from Municipal Court, Borough of Manhattan, Second District. Action- by Eugene Hess against Samuel Furst. Judgment for plaintiff, and defendant appeals.

1Per curiam

The undisputed evidence seems to show substan_ tially the following state of facts, viz.: Plaintiff was a waiter in defendant’s restaurant, and on October 19, 1908, while in the kitchen and .on his way to the toilet, he stepped on a piece of fat that had fallen onto the floor, and he fell against a large iron pot that nearly filled the passageway and hurt his arm. The pot was placed there by the cook, and the piece of fat fell on the floor through the carelessness of the cook in cutting meat. The cook seems to have had no control over plaintiff, and not to have been a superintendent…

2Cases cited9 opinions

  1. Glens Falls Portland Cement Co. v. Travelers' InsuranceNew York Court of Appeals · 1900
  2. Bellegarde v. Union Bag & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1904
  3. King v. ReidAppellate Division of the Supreme Court of the State of New York · 1908
  4. Quinlan v. . Lackawanna Steel Co.New York Court of Appeals · 1908
  5. Droge v. John N. Robins Co.Appellate Division of the Supreme Court of the State of New York · 1908

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