Webber v. Piper

New York Supreme Court

Webber v. Piper

45 N.Y. Sup. Ct. 353

DecidedDecember 15, 1885

StatusPublished

This text of 45 N.Y. Sup. Ct. 353 (Webber v. Piper) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Webber v. Piper, 45 N.Y. Sup. Ct. 353 (N.Y. Super. Ct. 1885).

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Opinions

Barnard, P. J.:

There was no defect in the saw beyond the fact that it was out of set. This is of constant occurrence when the saws are being used. [354]*354The plaintiff asked that the saw be set and he was told in substance that it would be done at noon or be seen to at noon. The plaintiff with full knowledge that the saw was out of set, used it, and he' testifies that by reason of the saw being out of set he was injured. The risk was one incident to the business.

The judgment should be affirmed, with costs.

Peatt, J., concurred.

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Barnard, P. J.:

There was no defect in the saw beyond the fact that it was out of set. This is of constant occurrence when the saws are being used. [354]*354The plaintiff asked that the saw be set and he was told in substance that it would be done at noon or be seen to at noon. The plaintiff with full knowledge that the saw was out of set, used it, and he' testifies that by reason of the saw being out of set he was injured. The risk was one incident to the business.

The judgment should be affirmed, with costs.

Peatt, J., concurred.

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Bluebook (online)

45 N.Y. Sup. Ct. 353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/webber-v-piper-nysupct-1885.

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