McCue v. National Starch Manufacturing Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 12,1892, which affirmed a judgment in favor of plaintiff entered upon a verdict,- and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for personal injuries received by plaintiff while in the defendant’s employ.. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 12,1892, which affirmed a judgment in favor of plaintiff entered upon a verdict,- and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for personal injuries received by plaintiff while in the defendant’s employ.. The facts, so far as material, are stated in the opinion. The court erred in refusing-to non-suit the plaintiff. There is no view of the evidence on which a recovery can properly be sustained. (Cahill…
1Opinion of the CourtO’Bbiek, J.
The plaintiff, while in the employment of the defendant, in the month of August, 1891, sustained a very serious injury to his right arm and hand for which he recovered the judgment appealed from. There is little if any dispute as to the facts, and none whatever as to the manner in which the accident occurred. The defendant’s business was manufacturing corn starch. The plaintiff had been employed in the. factory as a day laborer for about three years prior to the injury in the feed department. In the room where the plaintiff was so employed there are a number of cisterns standing upon the…
2Cases cited1 opinion
- Crown v. . OrrNew York Court of Appeals · 1893
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- St. Louis Southwestern Railway Co. v. SpiveyTexas Supreme Court · 1903
- Jackson v. . GreeneNew York Court of Appeals · 1911
- Stodden v. Anderson & Winter Manufacturing Co.Supreme Court of Iowa · 1908
- International & Great Northern Railroad v. HallCourt of Appeals of Texas · 1907
- National Fire Proofing Co. v. AndrewsCourt of Appeals for the Sixth Circuit · 1907
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