Kirby v. Lockport Paper Co. — 104 N.Y.S. 1131

Majority

p. 1131

KIRBY, Plaintiff, v. LOCKPORT PAPER CO., Defendant.

(Supreme Court, Appellate Division, Fourth Department.

September 1906.)

Headnote

Action by William Kirby, an infant, by Anna Kirby, his guardian ad litem, against the Lock-port Paper Company.

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.