Wittmer v. Fairhurst
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Annie Wittmer, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the lath day of January, 1909, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 25th day of January, 1909, denying the plaintiff’s…
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Appeal by the plaintiff, Annie Wittmer, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the lath day of January, 1909, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 25th day of January, 1909, denying the plaintiff’s motion for a new trial made upon the minutes. The plaintiff’s intestate was employed as a pattern maker’s helper by the…
1Opinion of the Court
Miller, J.:
The learned trial judge dismissed the complaint on the authority of Dillon v. National Coal Tar Co. (181 N. Y. 215), but that case is distinguishable from this in several respects. The plaintiff in that case, a steamfitter of many years’ experience, was directed by the defendant’s foreman to take down a line of pipe which ran along the ceiling of the room above, and from fifteen inches to three feet away from the shaft, in which there was a keyway. He knew of the danger of working near a revolving shaft, and it was held that he assumed the risk although the danger was increased by…
2Cases cited10 opinions
- Glens Falls Portland Cement Co. v. Travelers' InsuranceNew York Court of Appeals · 1900
- Clark v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1908
- Dillon v. . National Coal Tar Co.New York Court of Appeals · 1905
- King v. ReidAppellate Division of the Supreme Court of the State of New York · 1908
- Walker v. Newton Falls Paper Co.Appellate Division of the Supreme Court of the State of New York · 1904
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