Long v. Forest-Fehlhaber

Staley, Jr., J. (dissenting).

I respectfully dissent and would affirm the judgment. I disagree with the majority’s conclusion that contributory negligence was not a defense to a violation of subdivision 6 of section 241 of the Labor Law as it existed on the date the accident herein occurred.

Plaintiff contends that defendant violated its duty pursuant to the provisions of subdivision 6 of section 241 of the Labor Law, resulting in absolute liability to plaintiff, and plaintiff’s motion for a directed verdict should have been granted.

Subdivision 6 of section 241 provides as follows:

"All…