Vaughn v. Glens Falls PortLand Cement Co.

This case has been tried four times. Three trials have been occasioned by disagreements between the judges and the juries as to the contributory negligence of the plaintiff.

The first trial was before Mr. Justice Henry T. Kellogg, *231who set aside a verdict for the plaintiff on the ground that he voluntarily performed an act which he knew to be dangerous and was, therefore, guilty of contributory negligence. This was affirmed without qualification by the Appellate Division (105 App. Div. 136).

The second trial was before Mr. Justice Spencer, who granted a nonsuit on the assumption that the…