Vincent v. Riggi & Sons, Inc.

In an action for personal injuries, plaintiff appeals. The injuries occurred when a 13-year-old boy, hired by a building contractor to mow a lawn of a new house for sale, used his father’s power lawnmower and accidentally amputated three toes. The principal issues are whether section 130 of the Labor Law, prohibiting the employment of children, is applicable; and whether the statute imposes liability, regardless of contributory negligence.

After a jury trial in the Supreme Court judgment was rendered in favor of defendant. The Appellate Division affirmed. There should be a reversal and a new…