Kirby v. Lockport Paper Co.
104 N.Y.S. 1131
Appellate Division of the Supreme Court of the State of New York·Decided September 15, 1906·Published
Opinion
Plaintiff’s exceptions sustained, and motion for new trial granted, with costs to the plaintiff to abide the event. Held, that the question as to whether, under the labor law (see Laws 1897, p. 480, c. 415, § 81, as amended by Laws 1904, p. 640, c. 291), the shafting should have been guarded, was a question of fact for the jury, and not one of fact for the court.
McLENNAN, P. j., not sitting.
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Kirby v. Lockport Paper Co., 104 N.Y.S. 1131 (N.Y. Ct. App. 1906).
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