Terry v. Schmidt
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. See 111 Fed. 290. This cause comes here upon a writ of error by the defendants below to review a judgment of the circuit court for the Southern district of New York, entered upon the verdict of the jury.
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In Error to the Circuit Court of the United States for the Southern District of New York. See 111 Fed. 290. This cause comes here upon a writ of error by the defendants below to review a judgment of the circuit court for the Southern district of New York, entered upon the verdict of the jury. The decedent, plaintiff’s son, 16 years and 7 months old, was at work, at the time of the accident complained of, on the ninth floor of the Sherry building, at the corner of Fifth avenue and Forty-Fourth street. It was his business to heat rivets at a forge on said floor, and to carry them from the forge…
1Per curiam
The only exception which it is necessary to consider is No'. 25, which is as follows:
“(25) If the jury believe that the fact that the floors had not been filled in was perfectly apparent to the plaintiff’s intestate, as to everybody else, and if he consented to go to work upon the floor above the place where these openings were, knowing that the openings existed, it is clear that he took the risk, and cannot recover.”
We are of the opinion that the refusal of the court to charge as thus •requested was reversible error. The decedent had been employed in this work on this building for some…
2Cases cited1 opinion
- E. S. Higgins Carpet Co. v. O'KeefeCourt of Appeals for the Second Circuit · 1897
3Cited by2 opinions
- Bunker Hill & S. Mining & Concentrating Co. v. KettlesonCourt of Appeals for the Ninth Circuit · 1903
- New York Cent. & H. R. R. v. SalkaukusCourt of Appeals for the Second Circuit · 1916