Marsen v. Nichols Copper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Nichols Copper Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 6th day of January, 1909, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes in an action for negligence, brought by servant against master.
Read the full summary
Appeal by the defendant, the Nichols Copper Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 6th day of January, 1909, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes in an action for negligence, brought by servant against master. The accident happened in a room containing seventy-two vats, each eight feet long, four feet wide and four feet deep, placed end to end, three feet…
1Opinion of the Court
Miller, J.:
While it does not distinctly appear how the accident happened, the fair inference is that in taking a step, or perhaps in reaching out to paint the pipes, the plaintiff caused the ends of the slats to slip into the vat. It is contended that, in standing upon the slats to show the plaintiff how the work should be done, the foreman assured him of the safety of that method. It quite plainly appears that the foreman had to show the plaintiff what to do, because the latter could not understand English. However, we may assume that the direction as given by the foreman constituted an…
2Cases cited4 opinions
- Butler v. . TownsendNew York Court of Appeals · 1891
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
- Hahn v. Conried Metropolitan Opera Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Berry v. Atlantic Storage Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Santiago v. John E. Walsh Stevedore Co.Appellate Division of the Supreme Court of the State of New York · 1912