Heavey v. Hudson River Water-Power & Paper Co.
New York Supreme Court
Appeal from circuit court, Saratoga county. Action by John Heavey against the Hudson River Water-Power & Paper Company. The action was to recover for injuries sustained by the plaintiff, an employe of defendant, by falling into a vat of hot liquor while he was engaged in his employment.
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Appeal from circuit court, Saratoga county. Action by John Heavey against the Hudson River Water-Power & Paper Company. The action was to recover for injuries sustained by the plaintiff, an employe of defendant, by falling into a vat of hot liquor while he was engaged in his employment. The plaintiff charges that the defendant neglected to assign him to a safe place of labor, and to furnish him with proper appliances, and that he sustained his injuries in consequence of this neglect of defendant. On the 31st day of March, 1885, the plaintiff, then 15 years of age, was engaged in defendant’s…
1Opinion of the CourtLandon, J.
The plaintiff assumed all the risks incident to his employment, except those which the reasonable care of the defendant could, and therefore should, have protected him against. Grant that the pole was in good condition, and that the plaintiff’s liability to lose his balance, or slip and fall, was as common to any other place as to this; and thus far the plaintiff assumed the risk. That he should slip and fall was, independently of the place into which he should fall, too ordinary and common an experience with such a youth to be a matter of concern to his master or himself. But if, when he…
2Cited by2 opinions
- Morgan v. Hudson River Ore & Iron Co.New York Supreme Court · 1891
- Koehler v. Syracuse Specialty Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1896