Shoecraft v. Locke Insulator Manufacturing Co.

114 N.Y.S. 1147 Court N.Y. App. Div. Decision date 1909-01-06 English

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p. 1147

SHOECRAFT, Respondent, v. LOCKE INSULATOR MFG. CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

January 6, 1909.)

Headnote

Action by Lee J. Shoecraft against the Locke Insulator Manufacturing Company.

Judgment and order affirmed, with costs.

MCLENNAN, P. j., and WILLIAMS, J., dissent, upon the ground that plaintiff as matter of law assumed the risk, which was obvious and which he voluntarily assumed; this being an action at common law.