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Kempczinski v. Chelsea Fibre Mills

215 N.Y. 681 Court N.Y. Decision date 1915-06-01 English

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Majority

p. 681
Victor Kempczinski, Appellant, v. Chelsea Fibre Mills, Respondent.
(Argued May 13, 1915;
decided June 1, 1915.)

Headnote

Kempozinshi v. Chelsea Fibre Mills, 158 App. Div. 897 , affirmed.
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 4, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of the defendant, his employer, based on alleged failure to have a certain polishing machine and the ropes, shafting and pulleys connected therewith properly guarded; to have said machine in a reasonably safe and proper condition, and to adopt, establish, promulgate and enforce proper
p. 682
and reasonable rules governing the conduct of its employees in the use and operation of its machinery.
Edwin E. Valentine and Nicholas W. Hacker for appellant.
Walter L. Grlenney and Bertrand L. Pettigrew for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Ctjddeback, Hogan, Miller and Seabury, JJ.