Peet v. H. Remington & Son Pulp & Paper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The H. Remington & Son Pulp and Paper Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson on the 29tli day of January, 1902, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 27th day of January, 1902, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The H. Remington & Son Pulp and Paper Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson on the 29tli day of January, 1902, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 27th day of January, 1902, denying the defendant’s motion for a new trial made upon the minutes. The defendant is a domestic corporation engaged in the manufacture of paper from wood pulp at its mill which is located at Black River in the county of Jefferson in this…
1Opinion of the Court
Adams, P. J. :
We think that the refusal to nonsuit constitutes error which requires a reversal of the judgment and order appealed from.
The action is one of negligence, the particular act complained of,, and'the only one alleged in the plaintiff’s complaint, being that the-defendant, in its relation of master to the plaintiff, was' unmindful of its duty, in that it omitted to provide the latter with a safe and. proper place in which to perform the work required of him. A very careful examination of- the voluminous record in the case fails to disclose any evidence which, in our opinion, will…
2Cases cited4 opinions
- Hussey v. . CogerNew York Court of Appeals · 1889
- Perry v. . RogersNew York Court of Appeals · 1898
- Smith v. Empire Transp. Co.New York Supreme Court · 1895
- Foley v. Brooklyn Gas Light Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Koszlowski v. American Locomotive Co.Appellate Division of the Supreme Court of the State of New York · 1904