Legal Opinion

Seltzer v. W. H. Davenport Fire Arms Co.

Supreme Court of Connecticut

Decided July 23, 1901PublishedCited by 3 opinions

Action by an employee to recover damages for personal injuries claimed to have been caused by the negligence of the defendant, brought to the Superior Court in New London County and heard in damages to the court, Shumway, J.; facts found and judgment rendered for the plaintiff for $750 damages, and appeal by the defendant for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion.

1Opinion of the CourtHall, J.

The plaintiff, who was employed by the defendant as an elevator boy in its factory where it was engaged in the manufacture of guns, was injured by a flying fragment of an emery-wheel which burst in one of the rooms of the factory. The defendant had purchased the wheel of a manufacturer of high reputation, but no sufficient test had been made of the wheel prior to its shipment to the defendant. The trial court found that “ the only reliable mode to test such a wheel is to place it on a shaft and set it in motion in a protected place, and gradually increase the speed until the desired velocity…

2Cases cited2 opinions

  1. Pitkin v. New York & New England RailroadSupreme Court of Connecticut · 1894
  2. Walsh v. HayesSupreme Court of Connecticut · 1899

3Cited by3 opinions

  1. Commonwealth v. Warner Bros. Theatres, Inc.Supreme Court of Pennsylvania · 1942
  2. Frosch v. Sears, Roebuck & Co.Supreme Court of Connecticut · 1938
  3. Epstein v. Blumenthal Co., Inc.Supreme Court of Connecticut · 1932

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