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Clough v. Lackawanna Steel Co.

119 N.Y.S. 1120 Court N.Y. App. Div. Decision date 1909-12-01 English

Decision Majority — PER CURIAM. · Dissent — McLBNNAN, P. J., · Dissent — ROBSON, J.,

Contents
p. 1120
CLOUGH, Respondent, v. LACKAWANNA STEEL CO., Appellant.
(Supreme Court, Ap-. pellate Division, Fourth Department.
December 1, 1909.)

Headnote

Action by Edwin Clough against the Lackawanna Steel Company.

Judgment and order affirmed, with costs.

dissents, upon the ground that the plank did not constitute a scaffold within the. meaning of the labor law, that no negligence was established against the defendant, and that the plaintiff, as matter of law, assumed the risk.

dissents, upon the ground that the plank did not constitute a scaffold within the meaning of the labor law, that no negligence was established against the defendant, and that the finding of the jury upon the question of assumption of risk by plaintiff was contrary to and against the weight of the evidence.