Nellis v. Brown-Leipe Gear Co.
New York Supreme Court
Action by Charles H. Nellis against the Brown-Leipe Gear Company. On defendant’s motion for a bill of particulars. The complaint alleges that the plaintiff, while in the employment of the defendant, on June 30, 1910, in operating a machine known as the “Jones & Lamson flat turret lathe,” which was defective in construction, received an injury which resulted in the total loss of his left eye.
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Action by Charles H. Nellis against the Brown-Leipe Gear Company. On defendant’s motion for a bill of particulars. The complaint alleges that the plaintiff, while in the employment of the defendant, on June 30, 1910, in operating a machine known as the “Jones & Lamson flat turret lathe,” which was defective in construction, received an injury which resulted in the total loss of his left eye. Then is alleged in various ways what duties the defendant and its superintendent owed the plaintiff, covering substantially all that are known to the law of negligence as they relate to master and…
1Opinion of the CourtPurcell, J.
[1] I think it is well understood by the profession that where a complaint by a servant against his master alleges an injury caused by the master or the master’s superintendent in failing to furnish, the servant a reasonably safe place in which to perform his work, reasonably safe tools or appliances with which to work, incompetency of foreman or fellow servants, and failure to promulgate and enforce proper rules for his protection, the servant, in an action to recover damages, must upon demand furnish a bill of particulars, specifying the particular place where he worked at the time of his…
2Cases cited2 opinions
- Bjork v. Post & McCordAppellate Division of the Supreme Court of the State of New York · 1908
- Causullo v. Lenox Construction Co.Appellate Division of the Supreme Court of the State of New York · 1905