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Kerwin v. Long Island Railroad Company

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1913
157 App. Div. 898 (N.Y. App. Div. 1913)

Opinion

May, 1913.


The rope furnished by defendant for ordinary use upon its wagons for the purpose of securing the loads of said wagons was a part of the "plant" within the meaning of the statute. ( Lipstein v. Provident Loan Society, 154 App. Div. 732.) The action was, therefore, maintainable under the provisions of the Labor Law as amended in 1910. The questions of assumption of risk or contributory negligence on the part of the plaintiff were primarily for the jury. Judgment reversed and new trial granted, costs to abide the event. Jenks, P.J., Burr, Carr, Rich and Putnam, JJ., concurred.


Summaries of

Kerwin v. Long Island Railroad Company

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1913
157 App. Div. 898 (N.Y. App. Div. 1913)
Case details for

Kerwin v. Long Island Railroad Company

Case Details

Full title:John W. Kerwin, an Infant, by Catherine A. Kerwin, His Guardian ad Litem…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 1, 1913

Citations

157 App. Div. 898 (N.Y. App. Div. 1913)

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