Chernick v. Independent American Ice Cream Co.

The evidence in this case discloses facts which, prior to the enactment of the Labor Law, would, under controlling authorities, show an assumption of risk as a matter of law. The learned trial justice seems to have set the verdict of the jury aside upon this ground. The question of assumption of risk is, however, no longer a question of law, but is to be determined as a question of fact “ subject,” as the statute declares, “ to the usual powers of the court in a proper case to set aside a verdict rendered contrary to the evidence.” Such being the provision of the statute, it seems to me that…