FERRY v. LUTHER MFG. CO., INC.


56 A.D.2d 703 (1977)

Leon J. Ferry, Respondent, v. Luther Manufacturing Company, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 18, 1977


Judgment unanimously affirmed, with costs.

Memorandum:

Defendant manufactured a safety guard device which was affixed to a punch press machine owned by plaintiff's employer, Jamestown Malleable Iron Company. After plaintiff had been assigned for about three months to operate this machine, on January 18, 1966 it malfunctioned by "double tripping". When it did so, the safety guard failed to swing into place soon enough to remove plaintiff's hand from the press...

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