Legal Opinion

Lee v. Sterling Silk Manufacturing Co.

New York Supreme Court

Decided May 15, 1905PublishedCited by 7 opinions

Action by an infant under 14 years of age for damages for injuries by the machinery in a factory where he was employed. The court directed a verdict for the plaintiff, only leaving the jury to assess the damages, to which the defendant excepted. Motion on the minutes by the defendant for a new trial.

1Opinion of the Court

Gaynor, J.:

Section 10 of the labor law provides that “A child under the age of fourteen years shall not be employed in any factory of this state ”; and that a child between the ages of 14 and 16 years shall not be so employed unless a certificate of a health officer of the age, description and physical condition of such child, as prescribed by following sections, be filed in the office of the employer.

On the trial it was ruled by the court (1) that the employment of the plaintiff by the defendant in its factory made it liable for the injury to him by a machine, and (2) that by reason of the…

2Cases cited3 opinions

  1. Knupfle v. . Knickerbocker Ice CompanyNew York Court of Appeals · 1881
  2. Gallenkamp v. Garvin Machine Co.Appellate Division of the Supreme Court of the State of New York · 1904
  3. Lowry v. Anderson Co.Appellate Division of the Supreme Court of the State of New York · 1904

3Cited by7 opinions

  1. J. Ray Arnold Lumber Corp. v. RichardsonSupreme Court of Florida · 1932
  2. Stone v. Texas Co.Supreme Court of North Carolina · 1920
  3. Stone v. . Texas Co.Supreme Court of North Carolina · 1920
  4. Tampa Shipbuilding & Engineering Corp. v. AdamsSupreme Court of Florida · 1938
  5. DeSoto Coal M. & Dev. Co. v. HillSupreme Court of Alabama · 1912

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