Spencer v. Worthington
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry R. Worthington, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings, on the 10th day of March, 1899, upon the verdict of a jury for $1,115, and also from an order entered in said clerk’s office on the 10th day of March, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J.:
This action is servant against master, to recover damages for personal injuries. The defendant was engaged in the manufacture of pumps and hydraulic machinery. The plaintiff had been in the employ of the defendant in that business for some nine years previous to the accident. His work was in the operation of tools and machines used to cut metal. At the time of .the accident it became necessary for him to oil a tool held by a ram which was moved upward and downward with great frequency. The spout of the oil can used by the plaintiff for this purpose was caught by the ram and bent…
2Cases cited5 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Hawley v. . Northern Central Railway Co.New York Court of Appeals · 1880
- Hannigan v. SmithAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by8 opinions
- Rice v. . Eureka Paper Co.New York Court of Appeals · 1903
- Swaim v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919
- Johnson v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1924
- Harvey v. J. P. Morgan & Co.City of New York Municipal Court · 1937
- Rice v. Eureka Paper Co.Appellate Division of the Supreme Court of the State of New York · 1902
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