Mensing v. Cook Iron Store Co.

149 A.D. 934 Court N.Y. App. Div. English

Contents

Majority

p. 934

Anna M. Mensing, as Administratrix, etc., of Theodore W. Mensing, Deceased, Appellant, v. Cook Iron Store Company, Respondent.

Judgment and order affirmed, with costs. All concurred, except Kruse, J., who dissented upon the ground that the court erred in charging in effect that the servant assumed the risk of obvious defects.