Kelly v. The Henry Muhs Co.

• Decision Date: 07 November 1904
• Citation: Kelly v. The Henry Muhs Co., 71 N.J.L. 358, 59 A. 23 (N.J. 1904)
• Court: New Jersey Supreme Court
• Parties: THOMAS KELLY v. THE HENRY MUHS COMPANY

59 A. 23

71 N.J.L. 358

KELLY

v. HENRY MUHS CO.

Supreme Court of New Jersey.

Nov. 7, 1904.

Action for personal injuries by Thomas Kelly against the Henry Muhs Company.Heard on demurrer to declaration.Demurrer sustained.

Argued June term, 1903, before GUMMERE, C. J., and DIXON, HENDRICKSON, and PITNEY, JJ.

Joseph H. Lefferts, for plaintiff.

Coult, Howell & Ten Eyck, for demurrant.

GUMMERE, C. J.The plaintiff sues to recover compensation for injuries received by him by falling through an unguarded elevator shaft in the defendant's factory.The declaration avers that the plaintiff was a fireman in the employ of the fire department of the city of Passaic, and at the time of the accident, which occurred in the nighttime, was in the defendant's factory in the performance of his duties as a member of the fire department, to aid in extinguishing a fire which had broken out in the building.

The liability of the defendant is predicated upon the fifth section of the statute entitled "A general act relating to factories and workshops, and the employment, safety, health and work hours of operatives."Gen. St.p. 2345.The first section of this act imposes a penalty upon any employer engaged in manufacturing for discharging an employé without notice.The second section requires that accidents to employés in any workship, factory, or mines shall be reported to the labor inspector.The third section requires all machinery, shafting, belting, etc., in factories and workshops, when so placed as to be dangerous to employés, to be securely guarded when practicable.The fourth section prohibits the employment of minors or women in the cleaning of machinery.The fifth section requires that all hoistways and elevators in factories shall be protected by trapdoors or guard rails.The sixth section regulates the use of explosive and inflammable compounds in factories.The seventh section prohibits the employment of minors under the age of 16 for more than 10 hours a day.The eighth and ninth sections require the making of suitable provision for the cleanliness and comfort of female operatives.The tenth section provides means to prevent overcrowding in factories to such an extent as to endanger the health of operatives.The eleventh and twelfth sections provide for the ventilation of factories to prevent injury to the health of operatives by inhaling dust and other impurities.The thirteenth section regulates the construction of bakehouses.The fourteenth section...