Damjanovic v. Herring-Hall-Marvin Safe Co.
Appellate Division of the Supreme Court of the State of New York
Appeal ' by. the defendant, the Herring-Hall-Marvin Safe 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 on the 6th day of April, 1906, upon the verdict-of a jury for $3,500, and also from an order entered in said elerk’s office on the 9th day of April, 1906, denying the defendant’s motion for .a new trial made ■ upon the minutes.
1Opinion of the Court
Woodward, J.:
The complaint alleges negligence on the part of the defendant, both at common law and under the Employers’ Liability Act (Laws of 1902, chap. 600), and the case went to the jury upon this theory. The facts which must be deemed to have been found by the jury are as follows: The plaintiff was employed by the defendant, a manufacturer of safes, and on the 2d day of July, 1902, the defendant’s foreman directed the plaintiff, a machinist and helper of many years experience, to repair a certain belt with wire furnished him by the defendant. The principal controversy is over the…
2Cited by2 opinions
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- Cooper v. JordanAppellate Division of the Supreme Court of the State of New York · 1909