Klos v. Hudson River Ore & Iron Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Klos, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Columbia on the 15th day of Hay, 1901, upon the dismissal of the complaint by direction of the court after a, trial at the Columbia Trial Term. The defendant, a domestic corporation, is engaged in mining iron ore in the county of Columbia.
Read the full summary
Appeal by the plaintiff, William Klos, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Columbia on the 15th day of Hay, 1901, upon the dismissal of the complaint by direction of the court after a, trial at the Columbia Trial Term. The defendant, a domestic corporation, is engaged in mining iron ore in the county of Columbia. In connection with its mines and for the purpose of roasting the ore and preparing it for market it has ten cylindrical kilns about twenty-two feet in diameter and sixty feet high. The broken rock taken…
1Opinion of the Court
Chase, J.:
Although plaintiff had only been in the defendant’s employ for three days, and he says that he never saw dynamite before, yet he was to some extent familiar with the dangers incident to its use. He says: “ I heard them talk about it a good deal. I heard it was very dangerous; the first day I went there and worked there I heard if you put a cartridge in it would go off; I did not hear it *569would go off without any apparent cause; I heard it would never explode except you put a cartridge in.” Plaintiff not only knew that dynamite was explosive and dangerous, but he knew that this…
2Cases cited3 opinions
- Vitto v. KeoganAppellate Division of the Supreme Court of the State of New York · 1897
- Green v. E. D. SmithMassachusetts Supreme Judicial Court · 1897
- O'Brien v. Buffalo Furnace Co.Appellate Division of the Supreme Court of the State of New York · 1902