O'Neil v. Karr
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas H. Karr, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 17th day of July, 1905, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 17th day of July, 1905, denying the defendant’s»motion for a new trial made upon the minutes.
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Appeal by the defendant, Thomas H. Karr, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 17th day of July, 1905, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 17th day of July, 1905, denying the defendant’s»motion for a new trial made upon the minutes. Defendant was taking stone from a quarry in the town of Brunswick in Rensselaer county. The quarry was situated directly in the woods, the timber having been cleared off to reach the same. The men cut the…
1Opinion of the Court
Smith, J.:
That under the common law an employee assumes the obvious risks of an employment will hardly be questioned. This plaintiff had knowledge of the fact that these blasts were not covered. He knew the danger as he sought protection whenever warned that a blast was to be fired. A master at common • law owes no duty to his employee to use. the most approved methods. An employee., with full knowledge of the methods used, may accept or decline the service, and if the service be accepted he has no legal complaint to make of his employer for injury caused by the neglect to use such improved…
2Cases cited2 opinions
- Gmaehle v. . RosenbergNew York Court of Appeals · 1904
- Ward v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by8 opinions
- Wiley v. . Solvay Process Co.New York Court of Appeals · 1915
- Collelli v. . TurnerNew York Court of Appeals · 1915
- Bertolami v. United Engineering & Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Bushtis v. Catskill Cement Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Williams v. Citizens' Steamboat Co.Appellate Division of the Supreme Court of the State of New York · 1907
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