Fitzwater v. . Warren
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 6, 1910, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the dissenting opinion. Plaintiff assumed an obvious risk. (Dillon v. Nat.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 6, 1910, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the dissenting opinion. Plaintiff assumed an obvious risk. (Dillon v. Nat. C. T. Co., 181 N. Y. 215; Knisley v. Pratt, 148 N. Y. 372; Millerick v. Wing, 133 App. Div. 453; Buckley v. G. P. & R. Mfg. Co., 113 N. Y. 540; Toye v. U. D. B. Co., 141 App. Div.…
1DissentCollin, J.
The action is by an employee against employers to recover, under the principles of the common law, damages for personal injuries. The trial court dismissed the complaint. We are to determine whether or not the evidence presented an issue of fact; in reviewing it we must give the plaintiff the advantage of all the.facts properly presented and of every favorable inference that can reasonably be drawn. (Kraus v. Birnbaum, 200 N. Y. 130; Pinder v. Brooklyn Heights R. R. Co., 173 N. Y. 519.)
The defendants operated a saw mill. The work of the plaintiff was to saw the slabs into pieces of different…
2Cases cited15 opinions
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Knisley v. . PrattNew York Court of Appeals · 1896
- Crown v. . OrrNew York Court of Appeals · 1893
- Glens Falls Portland Cement Co. v. Travelers' InsuranceNew York Court of Appeals · 1900
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
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