Gibson v. Casein Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Casein Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chenango on the 9th day of October, 1911, upon the verdict of a jury for $3,250, and also from an order entered in said clerk’s office on the 25th day of October, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kellogg, J.:
The charge properly submitted the case to the jury, and we cannot say that the verdict is not sustained by the evidence. It is not clear that the deceased was fixing the setscrew while the machinery was in motion. If, however, we assume otherwise, we cannot say as a matter of law that he was guilty of contributory negligence. The appellant introduced such evidence as seemed to it proper. It did not show whether the rules or custom of the mill required that the engine be shut down while the setscrew was being adjusted. Apparently it was not deemed unusual that it was not shut down…
2Cases cited4 opinions
- Zucker v. . WhitridgeNew York Court of Appeals · 1912
- Irish v. Union Bag & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Parsons v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1912
- Irish v. . Union Bag and Paper CompanyNew York Court of Appeals · 1905
3Cited by2 opinions
- Duhan v. MilanowskiNew York Supreme Court · 1973
- Petersen v. Forty-Five Nevins Street Corp.New York Supreme Court · 1962