Kempczinski v. Chelsea Fibre Mills

Carr, J. (dissenting):

This is an appeal from a judgment of the Trial Term in Kings county dismissing plaintiff’s complaint at the close of his proofs. The action was brought by a servant against a master to recover for the alleged negligence of the master. The defendant is a corporation which has a large fibre mill, in which there are many persons employed and many machines used. Plaintiff was in the employment of this company about eight years before the accident, and for a period of about six years of this time he was a rigger employed in splicing ropes used in the fibre machines. On the…