Public-domain · open source
OpenJurist

159 A.D. 412

Ginsberg v. Wolf

Appellate Division of the Supreme Court of the State of New York · decided 1913-12-05

Appeal by the defendants, Harry Wolf and another, from a judgment of the Supreme Court in favor of the plain-' tiff, entered in the office of the clerk of the county of New York on the 18th day of December, 1912, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 2d day of January, 1913, denying defendants’ motion for a new trial made upon the minutes.

Decided 1913-12-05

Ingraham, P. J.-(dissenting):

¶1I do not agree that the finding that the defendants were negligent was against the weight of evidence.

¶2The plaintiff, an infant, was eighteen years of age. He had been in the defendants’ employ about a month and was paid about five dollars a week. He was put to work on this machine on the morning on which the accident happened. The plaintiff testified that the defendants instructed him in operating this machine to put his hands under the die under certain conditions. That this was a dangerous thing to do was apparent, and I think where such instructions are given and the plaintiff, an infant, follows such instructions and an accident results, it is a question for the jury to say whether, under all the circumstances, it was not a negligent act for an *414employer to give such instructions to an infant employee, thus subjecting the employee to the risk of an injury. It is, I think, a failure to properly instruct an infant put at work at such a machine, and it was at least a question for the jury to say whether, under, the circumstances, proper instructions had been given to him.

¶3I am, therefore, in favor of affirming the judgment.

¶4Judgment and order reversed and new trial ordered, with costs to appellants to abide event. Order to be settled on notice.

/159/ad/412 · .json · Public domain