Vilas v. Vanderbilt
New York Supreme Court
Motion by plaintiff for new trial on the minutes.
1Opinion of the CourtMcAdam, J.
A buzz-saw is an indispensable machine, but nevertheless an open menace to all who approach it without care, particularly while it is in operation. The fact is so obvious and well known as to have become common knowledge to an extent that is proverbial, and it is not negligence to omit to warn a person of ordinary intelligence concerning the danger when it is "at once apparent on mere casual observation. In McCann v. Mathison, 12 Misc. Rep. 214, it was held that omission to instruct a minor employee of the age of fourteen as to the danger of working a buzz-saw will not render the employer…
2Cases cited9 opinions
- Hickey v. . TaaffeNew York Court of Appeals · 1887
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- Crown v. . OrrNew York Court of Appeals · 1893
- Webber v. . PiperNew York Court of Appeals · 1888
- Ogley v. . MilesNew York Court of Appeals · 1893
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3Cited by1 opinion
- Perschke v. HenckenNew York Supreme Court · 1897