New York Supplement (Volume 75) (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1902. Excerpt: ... and 109 New York Stata Reporter fendants with respect to this account No. 2, for by the arrangement between the plaintiff and Bowles and Ranger those three were engaged in transactions in the very nature of which Ranger could not have been the agent of the defendants, but was, in effect, a partner with the plaintiff, and the defendants are entitled to avail themselves of the real nature of the transactions. The plaintiff is therefore liable for the balance, and the amount of it is a proper offset to any recovery to which the plaintiff might be entitled on account No. t. The foregoing considerations lead to a reversal of the judgment, and a direction that a new trial be had before another referee, with costs to appellant to abide the event. All concur. (71 App. Dlv. 47.) FOSTER T. INTERNATIONAL PAPER CO. (Supreme Court, Appellate Division, First Department April 11, 1902.) Injury To Servant--Factory Act--Failure To Guard Machinery. The failure of a manufacturer to guard a sprocket wheel forming a part of new machinery being Installed, and which has never been used, though attached to a shaft, which has been used, Is not a violation of Laws 1886, c. 409, 8 8, as amended by Laws 1892, c. 673, requiring manufacturers to properly guard cogs, belting, shafting, set screws, etc., and therefore is not negligence rendering the manufacturer liable to a servant injured thereby while Installing the machinery. O'Brien, J., dissenting. Appeal from trial term, Orange county. Action by Joseph Foster, Jr., against the International Paper Company, for injuries received while in the employ of defendant. From a judgment for plaintiff and an order denying a new trial, the defendant appeals. Reversed. Argued before VAN BRUNT, P. T., and HATCH, O'BRIEN, and INGRAHAM, JJ. Alfred W. Gray, for appellant. Tho...