Henshaw v. Pond's Extract Co.

New York Supreme Court

Henshaw v. Pond's Extract Co.

21 N.Y.S. 177, 50 N.Y. St. Rep. 263

DecidedDecember 12, 1892

StatusPublished

This text of 21 N.Y.S. 177 (Henshaw v. Pond's Extract Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Henshaw v. Pond's Extract Co., 21 N.Y.S. 177, 50 N.Y. St. Rep. 263 (N.Y. Super. Ct. 1892).

Pincite

Opinion

PRATT, J.

The defendant’s machine was stopped to be oiled, and, while plaintiff was engaged in oiling it, the engineer put it in motion, whereby the plaintiff was injured. The accident was caused by the action of the engineer, a coemploye, for which the employer is not liable to a fellow servant. We do not find that negligence of defendant was shown, and must affirm the nonsuit. Judgment affirmed, with costs.

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PRATT, J.

The defendant’s machine was stopped to be oiled, and, while plaintiff was engaged in oiling it, the engineer put it in motion, whereby the plaintiff was injured. The accident was caused by the action of the engineer, a coemploye, for which the employer is not liable to a fellow servant. We do not find that negligence of defendant was shown, and must affirm the nonsuit. Judgment affirmed, with costs.

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Bluebook (online)

21 N.Y.S. 177, 50 N.Y. St. Rep. 263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henshaw-v-ponds-extract-co-nysupct-1892.