Whispell v. Millman

Appeal from a judgment of the Supreme Court, Ulster County, dismissing the complaint at the close of appellant's case. Appellant was injured on September 9, 1957 when in the process of removing two trees which had been uprooted and damaged by a storm, he loosened a limb from one of the trees with an ax causing the second tree to fall against his left leg. It is conceded that appellant was experienced and familiar with this type of work, that he provided his own tools and that he proceeded to work not only without any instruction by respondent as to how to undertake the task but also without…