Byers v. Aldrich

Full title: EDWARD BYERS, Appellant, v. MARGARET CHANDLER ALDRICH, Respondent

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

Date published: Oct 1, 1920

193 App. Div. 958 (N.Y. App. Div. 1920)

Opinion

October, 1920.

Present — Jenks, P.J., Mills, Rich, Putnam and Kelly, JJ.

Judgment and order unanimously affirmed, with costs. The effect of continuing to care for and handle defendant's horse was a question of fact, as the matter of assumption of risk has not been abrogated in the Labor Law, section 202. (See Wiley v. Solvay Process Co., 215 N.Y. 584.)