Graves v. Gustave Stickley Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Gustave Stiokley Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 27tli day of February, 1907, upon the verdict of a jury for $200, and also from an order bearing date the 21st day of February, 1907, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, J.:
The sole question presented by this appeal is whether or not the plaintiff, a workman in the defendant’s factory, assumed the risk of the unguarded knives in a machine known as a jointer, with which the plaintiff’s left hand came in contact and was injured.
The jury found, and the evidence warranted the finding, that it was practicable to guard the knives, which would have prevented the injury, and that the plaintiff himself was free from contributory negligence. The duty being imposed upon the defendant under such circumstances to guard the knives (Labor Law [Laws of 1897, chap.…
2Cases cited4 opinions
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Johnston v. . FargoNew York Court of Appeals · 1906
- Travis v. HaanAppellate Division of the Supreme Court of the State of New York · 1907
- Neuweiler v. Central Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by4 opinions
- Bodette v. Foster-Armstrong Co.New York Supreme Court · 1909
- Chernick v. Independent American Ice Cream Co.Appellate Terms of the Supreme Court of New York · 1911
- Chernick v. Independent American Ice Cream Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Manchester v. MarshAppellate Division of the Supreme Court of the State of New York · 1912