Vaughn v. Glens Falls Portland Cement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Albert A. Vaughn, from an order of the Supreme Court, made at the Warren Trial Term and entered in the office of the clerk of the county of Warren on the 4th day of January, 1904, setting aside a verdict theretofore rendered in favor of the plaintiff and granting a new trial of the action.
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Appeal by the plaintiff, Albert A. Vaughn, from an order of the Supreme Court, made at the Warren Trial Term and entered in the office of the clerk of the county of Warren on the 4th day of January, 1904, setting aside a verdict theretofore rendered in favor of the plaintiff and granting a new trial of the action. The facts of this case present the following situation: In the course of making and handling the cement at the defendant’s works, the ground material was stored in a large bin situated on one floor, from which it passed by gravity through a chute leading through the floor into the…
1Opinion of the Court
Parker, P. J.:
Concede that the defendant was negligent in that it did not furnish the plaintiff with a safe place in which to do the work required of him, and safe and proper implements with which to do it, very clearly the plaintiff had full knowledge of the dangerous situation, and of the whole risk he ran in doing what he was asked to do. In effect, it is a case where both employer and employee being present, and the work to be done, if done in the easiest and quickest manner, and with the means and in the situation furnished by the defendant, being work that required the taking of a great…
2Cases cited1 opinion
- Drake v. Auburn City Railway Co.New York Court of Appeals · 1903
3Cited by5 opinions
- Logerto v. Central Building Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Kellogg v. New York Edison Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Kiernan v. EidlitzAppellate Division of the Supreme Court of the State of New York · 1906
- Vaughn v. Glens Falls PortLand Cement Co.New York Supreme Court · 1908
- Persons v. Bush Terminal Co.New York Supreme Court · 1910