Poole v. American Linseed Co.
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendant, the American Linseed Company, from a judgment of the Supreme Court in-favor of the plaintiff, entered in the office of the clerk of the county of Bichmond on the 16th day. of March', 1906, upon the verdict of a jury for $2,000, and also from an order bearing date the 24th day of May, 1906, and entered in said .clerk’s ■ office nunc pro tunc as of the 13th day. of March, 1906,- denying the defendant’s motion for a new trial made upon the minutes. ■…
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. Appeal by the defendant, the American Linseed Company, from a judgment of the Supreme Court in-favor of the plaintiff, entered in the office of the clerk of the county of Bichmond on the 16th day. of March', 1906, upon the verdict of a jury for $2,000, and also from an order bearing date the 24th day of May, 1906, and entered in said .clerk’s ■ office nunc pro tunc as of the 13th day. of March, 1906,- denying the defendant’s motion for a new trial made upon the minutes. ■ • ' -
1Opinion of the Court
Gaynor, J. :
The defendant uses barrels and casks in its business. A part of its establishment was fitted up with machinery for -a cooperage. The defendant had a contract with, the plaintiff’s employer by' which- he was to use such cooperage to repair the barrels it used at specified prices. It agreed in the contract to furnish and maintain all of the machinery complete and keep it in repair. The plaintiff was caught, in, an unguarded shaft'of the engine in the cooperage while at work there and hurt. The defendant claimed that it' was not liable to the plaintiff therefor; that the liability,…
2Cases cited2 opinions
- Citrone v. O'Rourke Engineering Construction Co.Appellate Division of the Supreme Court of the State of New York · 1906
- McMullen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by5 opinions
- Panama R. v. JohnsonCourt of Appeals for the Second Circuit · 1923
- Southern Pac. Co. v. McCreadyCourt of Appeals for the Ninth Circuit · 1931
- O'Connor v. WebberAppellate Division of the Supreme Court of the State of New York · 1914
- International Paper Company v. Bronko F. JelenicCourt of Appeals for the Sixth Circuit · 1952
- Liberty Mutual Insurance v. WhiteNew York Supreme Court · 1929