Hess v. Van Auken
New York Court of Common Pleas
Appeal from Eighth district court. Action by Loyd B. Hess against D. J. Van Auken on an accident insurance policy. From a judgment entered on a verdict in favor of plaintiff, defendant appeals.
1Opinion of the CourtBookstaver, J.
This action is founded on an accident insurance policy, to recover one a writers the proportionate share of his liability thereunder. The-plaintiff, the cashier of a bank, called at a sawmill for the purpose of having some lumber cut the requisite lengths for a cabinet to be used in the bank. While waiting for the work to be done, he asked an employé to have a cut-off saw started. This saw protruded through a movable table upon which the lumber or blocks of wood to be cut were laid. When in operation, the highest point in the circumference of the saw was about two inches above the table, and…
2Cases cited4 opinions
- Phillips v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1891
- Marvin v. RichmondNew York Supreme Court · 1846
- McElwee Manufacturing Co. v. TrowbridgeNew York Supreme Court · 1893
- Slingerland v. NortonNew York Supreme Court · 1891
3Cited by3 opinions
- Hess v. Preferred Masonic Mutual Accident Ass'nMichigan Supreme Court · 1897
- Hess v. Preferred Masonic Mutual Accident Ass'nMichigan Supreme Court · 1897
- Hess v. Van AukenNew York Court of Common Pleas · 1895