Legal Opinion

Rice v. Eureka Paper Co.

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

Decided March 15, 1902PublishedCited by 3 opinions

Appeal by the defendant, the Eureka Paper Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 24th day of January, 1901, upon the verdict of a jury for $5,120, and also from an order entered in said clerk’s office on the 25th day of January, 1901, denying the defendant’s motion for a new trial made upon the minutes.

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Appeal by the defendant, the Eureka Paper Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 24th day of January, 1901, upon the verdict of a jury for $5,120, and also from an order entered in said clerk’s office on the 25th day of January, 1901, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 11th day of October, 1900, to recover damages for injuries sustained by the plaintiff on the morning of- the 4th day of April, 1900, while in the employ of the…

1Opinion of the Court

McLennan, J.:

On the morning in question, and for several years prior, the defendant was engaged in manufacturing paper from rags, manila rope, string, etc., at its factory located at Oswego Falls, 1ST. Y. One ■of the machines used by the defendant was a rag cutter, so called, which cut the material into small pieces preparatory to converting it into pulp. It consisted of a feed table about three feet long upon which the rough material was placed, and at one end there was a large, slowly revolving cylinder having upon, its surface spikes or teeth, which caught the material, drew it between the…

2Cases cited16 opinions

  1. Hough v. Railway Co.Supreme Court of the United States · 1880
  2. Marsh v. . ChickeringNew York Court of Appeals · 1886
  3. Hickey v. . TaaffeNew York Court of Appeals · 1887
  4. Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
  5. Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872

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3Cited by3 opinions

  1. Andrecsik v. New Jersey Tube Co.Supreme Court of New Jersey · 1906
  2. Morgan v. Rainier Beach Lumber Co.Washington Supreme Court · 1909
  3. Obanhein v. ArbuckleAppellate Division of the Supreme Court of the State of New York · 1903

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