Rooney v. Brogan Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Margaret Rooney, as administratrix, etc.,of John Rooney, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 21st day of November, 1905, upon the verdict of a jury, and also from an order entered in said .clerk’s office on the 19th day of October, 1905, denying the plaintiff’s motion for a new-trial made Upon the minutes. , "
1Opinion of the Court
Rich, J.:
Upon the former appeal (107 App. Div. 258) we held that the question of assumption of risk by plaintiff’s ■ intestate was one of fact for the jury. The rule of the assumption of obvious risks docs not rest wholly-upon the implied agreement of an employee, bnt on *814an independent act of waiver evidenced by liis continuing in the employment -with a full knowledge of all the facts.(Drake v. Auburn City Railway Co., 173 N. Y. 166.) The evidence established that when the deceased first went to work upon the building being erected by defendant he was an employee of Conroy Brothers, an…
2Cases cited2 opinions
- Crawford v. . NassoyNew York Court of Appeals · 1903
- Rooney v. Brogan Construction Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Guttman v. AbbottAppellate Terms of the Supreme Court of New York · 1908