Durkos v. Mills
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Chelsea Jute Mills, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Kings on the 22d day of March, 1906,. upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 16th day of March, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Gaynor, J.:
The verdict is without any support. The defendant introduced no evidence. The plaintiff worked in the defendant’s factory. His duty was' to replace the bands on the spinning machines as they wore out every three or four days. It -waS not belting, or anything like that, but simple woven bands in the machine. It was simple ' work. . His evidence is that as he was fixing the bands on a machine it was started-up by some one, and his arm was' caught in the gears and twisted, and hurt to some extent. The machine had to be stopped to be fixed by him, and was stopped for that purpose. He…
2Cited by1 opinion
- Kempczinski v. Chelsea Fibre MillsAppellate Division of the Supreme Court of the State of New York · 1913