Cleary v. R. E. Dietz Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George P. Oleary, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 14th day of March, 1913, upon the verdict of a jury, and also from an order entered in said clerk’s office denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kellogg, J.:
December 6, 1909, defendant’s superintendent put the plaintiff at work upon a Bliss inclinable punch press in the defend*622ant’s factory. The plaintiff had been employed in the factory about three weeks and had worked upon other punch presses, but this was the only punch press he had worked upon where it was necessary to put the hands between the upper die and the bedplate in order to adjust the work. The plaintiff claims the superintendent sat down to the press, with his legs under it, leaning over the bedplate so that he was near his work and operated the press, telling him to…
2Cases cited2 opinions
- Hurley v. . OlcottNew York Court of Appeals · 1910
- Hurley v. OlcottAppellate Division of the Supreme Court of the State of New York · 1909