Graves v. Brewer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Graves, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Cortland on the 24th day of October, 1894, upon a nonsuit granted by the court after a trial before the court and .a jury at the Cortland Circuit, with notice of an intention to bring up for. review upon such appeal an order entered in said clerk’s office on the 11th day of October, 1894, denying the plaintiff’s motion for…
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Appeal by the plaintiff, John Graves, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Cortland on the 24th day of October, 1894, upon a nonsuit granted by the court after a trial before the court and .a jury at the Cortland Circuit, with notice of an intention to bring up for. review upon such appeal an order entered in said clerk’s office on the 11th day of October, 1894, denying the plaintiff’s motion for a new trial-made upon the minutes.
1Opinion of the Court
Merwin, J.:. On the. Yth or 8th of December, 1892, the plaintiff entered into the employ of the defendants as an operator of an Upsetting machine in defendants’ shop. He continued in their employ to the 28th of January, 1893, when he received an injury to his hand by its coming in contact with uncovered moving cog wheels on the side of the machine. In this action the plaintiff claims to recover damages for this injury on the ground that it was caused by the negligence of the defendants.
The machine at which plaintiff worked Was an iron machine, standing about three feet high from the floor. ,…
2Cases cited3 opinions
- Knisley v. . PrattNew York Court of Appeals · 1896
- Crown v. . OrrNew York Court of Appeals · 1893
- Kain v. . SmithNew York Court of Appeals · 1882
3Cited by10 opinions
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- E. S. Higgins Carpet Co. v. O'KeefeCourt of Appeals for the Second Circuit · 1897
- Horton v. Vulcan Iron Works Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Hutchinson v. Charles F. Parker & Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Perschke v. HenckenNew York Supreme Court · 1897
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