
    John Kollarcik, Appellant, v. The Salts Textile Manufacturing Company, Respondent.
    
      Kollarcik v. Salts Textile Manfg. Co., 171 App. Div. 898, affirmed.
    (Argued January 30, 1918;
    decided February 15, 1918.)
    Appeal from a.judgment, entered December 7, 1915upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer. The injury was caused by the catching of plaintiff’s finger between two cogwheels on the upper part of a machine before which he was standing while at work. The machine was used for brushing silk. It was the plaintiff’s duty to stand by the same and adjust the silk so that it should run smoothly through the machine. At the time of the accident the silk was caught and the plaintiff, in order to prevent it from being torn, was obliged to pull it down, acting under the instructions which he received. As he did so his finger was caught in these cogwheels and the injury caused. The Appellate Division held that the evidence failed to show any negligence on the part of defendant.
    
      Roger Foster for appellant.
    
      E. Clyde Sherwood and Amos H. Stephens for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, Hogan, McLaughlin and Crane, JJ.  