Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York (Volume 76)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1903 Excerpt: ... NEGLIGENCE--Continued. Paqb. a few steps, stumbled over the grating and fell into the ash pit, sustaining injuries. The plaintiff had worked in the neighborhood of the ash pit for upwards of six years and knew of its existence, but, as testified by him, had never seen it open. The cause of notion was based entirely upon negligence and no claim was made that the ash pit was not lawfully constructed. Held, that as the ash pit had existed for three years without objection on the part of the city authorities, it would be presumed that the city authori-ties had consented to its construction; That, assuming the ash pit to have been lawfully constructed, the defend-ant was bound to properly guard and protect it, and that any failure in this respect would constitute negligence which would authorize a person injured because of such failure to recover damages; That the evidence conclusively established that the accident was not caused by any negligence on the part of the defendant, and that a judgment entered upon a verdict in favor of the plaintiff should be reversed. SCHUBKEOKL V. BuTI.BR 10 7. The provision, for the protection of employees operating machinery, in the Labor Law--it does not apply to the case of one aiding in painting the machinery. In an action to recover damages for personal injuries, it appeared that the plaintiff, who was a man about twenty years of age, had been employed by the defendant to assist in installing new shafting and other improvements in the defendant's mill; that, in the course of the work, a shaft had been hung some twelve feet above the floor, and that an unguarded set screw projected from the collar of such shaft for a distance of about three-quarters of an inch; that on the day of the accident the plaintiff was directed by t...