Legal Opinion

Casey v. Davis & Furber Machine Co.

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

Decided May 4, 1910PublishedCited by 4 opinions

Appeal by the defendant, the Davis and Furber Machine 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 20th day of March, 1909, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 23d day day of March, 1909, denying the defendant’s motion for a new trial made upon the minutes,

1Opinion of the Court

Kruse, J.n:

The plaintiff’s intestate was hit by an iron ball carelessly permitted to be dropped by one Clow, falling upon her head and injuring her. The ball was used in connection with a machine or appliance known as a feed, which Clow was setting up. She was an employee of the Crown Mills, working on the floor below the one where the feed was being set up. The ball fell through an opening in the floor. She brought the action in her lifetime to recover damages against the defendant, claiming that Clow was acting within the scope of defendant’s employment, and that the defendant is chargeable…

2Cases cited2 opinions

  1. Higgins v. . Western Union Telegraph Co.New York Court of Appeals · 1898
  2. Knoth v. Manhattan Railway Co.New York Court of Appeals · 1907

3Cited by4 opinions

  1. Freibaum v. BeadyAppellate Division of the Supreme Court of the State of New York · 1911
  2. Casey v. Davis & Furber Machine Co.Appellate Division of the Supreme Court of the State of New York · 1912
  3. Casey v. Davis & Furber Machine Co.Appellate Division of the Supreme Court of the State of New York · 1910
  4. Casey v. Davis & Furber Machine Co.Appellate Division of the Supreme Court of the State of New York · 1910

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