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Wingels v. Builders' Planing Mill Co.

107 N.Y.S. 1150 Court N.Y. App. Div. Decision date 1907-11-27 English

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p. 1150
WINGELS, Respondent, v. BUILDERS.’ PLANING MILL CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
November 27, 1907.)

Action by Casper Wingels against the Builders’ Planing Mill Company. No opinion. Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. Held, that the plaintiff failed to-establish actionable negligence against the defendant, and that the proof shows that the accident occurred through his own negligence or that of his co-employés, or the negligence of both.