McMichael v. Federal Printing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Federal Printing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 21st day of April, 1909, upon the verdict of a jury for $30,000, after á trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 22d'day of April, 1909, denying the defendant’s motion for a new trial made upon the'minutes.
1Dissent
Jenks, J. (dissenting):
1 dissent.
The action is for negligence by servant against master, Who appeals from a- judgment upon the verdict at Trial Term. The servant worked at one of the paper-cutting machines in-.the defendant’s shop. His duty was to cut paper by a horizontal knife suspended above a table whereon the paper was laid. The machine as furnished by the manufacturer and as originally used by the defendant was worked by. steam. Normally the knife was brought down to cut by two movements of a hand lever worked by the servant, and'when the "lever was released the knife rose to its…
2Cases cited6 opinions
- Harley v. Buffalo Car Manufacturing Co.New York Court of Appeals · 1894
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- Rickerson v. . Hartford Fire Ins. Co.New York Court of Appeals · 1896
- Chesapeake Bank v. SwainCourt of Appeals of Maryland · 1868
- Mills v. HallockNew York Court of Chancery · 1836
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