Kornberg v. Laski

Headnote

Kornberg v. Laski, 154 App. Div. 937 , affirmed.

Appeal from a judgment entered March 8, 1913, upon an order of the Appellate Division of the Supreme Court

in the first judicial department overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment in favor of defendants dismissing the complaint in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendants, his employers. Plaintiff alleged that while operating a machine for the purpose'of cutting paper, which necessitated the placing of his hands near or between certain knives, in the confidence that afoot brake was in proper working order, he operated the same in order to stop the said machine, when unexpectedly and without notice the brake failed to work or operate and the machine and knives continued in operation and came in contact with his right hand, cutting off several fingers. On the trial neither the machine nor any other part of the defendants’ equipment was shown to be in any way defective, out of order, or unsuitable for the purpose for which it was used.