Jones v. Schenectady Boys Club, Inc.

Appellate Division of the Supreme Court of New York

Jones v. Schenectady Boys Club, Inc.

283 A.D. 981, 130 N.Y.S.2d 797, 1954 N.Y. App. Div. LEXIS 5993

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 19, 1954

StatusPublished

This text of 283 A.D. 981 (Jones v. Schenectady Boys Club, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jones v. Schenectady Boys Club, Inc., 283 A.D. 981, 130 N.Y.S.2d 797, 1954 N.Y. App. Div. LEXIS 5993 (N.Y. Ct. App. 1954).

Pincite

Opinion

Appeal from a judgment of the Supreme Court in favor of plaintiff, entered September 30, 1953, in Schenectady County, upon a verdict rendered at a Trial Term. Plaintiff was a part-time instructor for defendant in an evening woodworking class. While sawing a piece of wood upon a circular power saw, the material suddenly “ kicked back ” seriously injuring plaintiff’s hand. This action was brought under the Employers’ Liability Act, and the jury has returned an unanimous verdict in favor of plaintiff. There is evidence in the record from which the jury could have found that the appliance which plaintiff was operating was defective and defectively equipped, and that the defendant, through its director, had notice thereof a sufficient time prior to the accident to permit reasonable opportunity for repairs or additional safeguards. There is evidence that defendant permitted the continued use of the equipment with knowledge that it was unsafe. The question of the contributory negligence of the plaintiff was properly left to the jury as a question of fact. Judgment unanimously affirmed, with costs. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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Appeal from a judgment of the Supreme Court in favor of plaintiff, entered September 30, 1953, in Schenectady County, upon a verdict rendered at a Trial Term. Plaintiff was a part-time instructor for defendant in an evening woodworking class. While sawing a piece of wood upon a circular power saw, the material suddenly “ kicked back ” seriously injuring plaintiff’s hand. This action was brought under the Employers’ Liability Act, and the jury has returned an unanimous verdict in favor of plaintiff. There is evidence in the record from which the jury could have found that the appliance which plaintiff was operating was defective and defectively equipped, and that the defendant, through its director, had notice thereof a sufficient time prior to the accident to permit reasonable opportunity for repairs or additional safeguards. There is evidence that defendant permitted the continued use of the equipment with knowledge that it was unsafe. The question of the contributory negligence of the plaintiff was properly left to the jury as a question of fact. Judgment unanimously affirmed, with costs. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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Bluebook (online)

283 A.D. 981, 130 N.Y.S.2d 797, 1954 N.Y. App. Div. LEXIS 5993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-schenectady-boys-club-inc-nyappdiv-1954.