Lofrano v. New York & Mountain Vernon Water Co.
New York Supreme Court
Appeal from circuit court, Westchester county. Action by Nicola Lofrano against the New York & Mount Vernon Water Company for personal injuries sustained by plaintiff while in defendant’s employ. Verdict for plaintiff, and from the judgment thereon, and an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtDykman, J.
Under the charge of the trial judge in this action, no verdict could be made for the plaintiff, unless the jury found that he was unskilled in the use of dynamite, and did not assume to understand its management, and to be able to conduct the operation of blasting in all its departments. The charge even contains this emphatic language: “If this plaintiff, although he may have been wholly ignorant of the risks of handling dynamite, told this company that he was capable, the law takes him at his word; and, whether he was ignorant or not, he cannot recover for an accident which happened in the…
2Cited by5 opinions
- Fitzgerald v. Brooklyn Institute of Arts & SciencesAppellate Division of the Supreme Court of the State of New York · 1916
- Vitto v. FarleyNew York Court of Common Pleas · 1895
- Cavanagh v. . McGovernNew York Court of Appeals · 1917
- Dallas v. Delaware & Hudson Co.New York Supreme Court · 1922
- Mahoney v. Cayuga Lake Cement Co.Appellate Division of the Supreme Court of the State of New York · 1911