Sann v. H. W. Johns Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louise Sann, as administratrix, etc., of William Sann, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Néw York on the 30th day of Nevember, 1896, upon the dismissal of her complaint directed by the court after a trial at a Trial Term of the Supreme Court held in and for the county of New York.
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Appeal by the plaintiff, Louise Sann, as administratrix, etc., of William Sann, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Néw York on the 30th day of Nevember, 1896, upon the dismissal of her complaint directed by the court after a trial at a Trial Term of the Supreme Court held in and for the county of New York. The action is brought to recover damages alleged to have been sustained by the widow and next of kin of William Sann, deceased,, through the negligence of the defendant. The substance of the.…
1Opinion of the Court
O’Brien, J.:
As in our view the inferences to be drawn from the facts proven are fatal to plaintiff’s recovery upon one ground, which we shall hereafter discuss, it is unnecessary to critically examine the various grounds so ably presented by the appellant, upon which it is claimed the liability of the defendant rests. But we shall assume that it was clearly shown that the method used in the defendant’s factory to put on this belt was very risky and dangerous, and in violation of all the principles of mechanics. It is clear that, however defective the belt or the machinery employed, unless…
2Cases cited1 opinion
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
3Cited by2 opinions
- Legan & McClure Lumber, Co. v. FairchildMississippi Supreme Court · 1929
- Lang v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1912