Legal Opinion

Collins v. Waterbury Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 26, 1911Published

Appeal by the defendant, the Waterbury Company, from a judgment of the Supreme Court in favor of the plaintiff, ■entered in the office of the clerk of the county of Kings oh the 31st day of October, 1910, upon the verdict of a jury' for $5,000, and also from an order entered in said clerk’s office on the 2d day of November, 1910, denying the defendant’s motion for a new trial. made upon the minutes and granting the plaintiff an extra allowance.

1Opinion of the Court

Jerks, P. J.:

The action is by servant against master for personal injuries. The defendant appeals from a judgment upon a verdict against it at Trial Term. The plaintiff worked at a rubber mill, which had two parallel rollers of smooth steel, each 16 inches in diameter and 36 inches in length. Power was furnished from a moving shaft underneath the floor. The front roller made 8 and the back roller 10. revolutions a minute. The rollers mixed chemicals with rubber and masticated pure rubber. The machine was furnished with a side lever within ready reach of the workman’s hand, which acted to…

2Cases cited6 opinions

  1. Buckley v. Gutta Percha & Rubber Manufacturing Co.New York Court of Appeals · 1889
  2. Brennan v. . GordonNew York Court of Appeals · 1890
  3. Standard T. Co. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1904
  4. Welch v. Waterbury & Co.Appellate Division of the Supreme Court of the State of New York · 1910
  5. Valentino v. Garvin Machine Co.Appellate Division of the Supreme Court of the State of New York · 1910

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