46 A.D. 479 | N.Y. App. Div. | 1899
The first proposition which the plaintiff must establish, in order to recover, is, that the defendant has been guilty of negligence. It could make little difference if the cylinder at the. top of the machine had knives or was simply a roller to press the carpet. It would have been equally dangerous, and would. have crushed the fingers ■of the employee instead of cutting them off.
By section 8 of chapter 409 of the Laws of 1886, as thereafter amended,
We have examined the exceptions tó which the appellant has directed our attention, and have found none which can affect the main question in this case upon 'which this appeal is decided.
We think-the-; judgment should, therefore,- be affirmed.
All concurred.
Judgment affirmed, with costs.
See Laws of 1892, chapter 673, section 8, substantially re-enacted by section 81 of the Labor Law, Laws of 1897, chapter 415.— [Rep.