Teller v. Prospect Heights Hospital

If the rule has not been clearly and finally established, there has been, at least, a strong tendency by the courts to hold that an employee does not assume the risk where the employer or owner fails to provide protective appliances for the benefit of the employee, as required by the Labor Law. This court has definitely held that an obvious risk is not assumed. (Grady v. National Conduit & Cable Co., 153 App. Div. 401; Welch v. Waterbury Co., 159 id. 509; Christiensen v. Morse Dry *489Dock & Repair Co., 179 id. 825.) The Welch case, which squarely raised the question, was affirmed without opinion…