Smith v. National Starch Co.

119 N.Y.S. 1145 Court N.Y. App. Div. Decision date 1909-11-17 English

Decision Majority — PER CURIAM. · Dissent — KRUSE, J.,

Contents

p. 1145

SMITH, Respondent, v. NATIONAL STARCH CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

November 17, 1909.)

Headnote

Action by William Smith against the National Starch Company.

Judgment and order affirmed, with costs.

dissents, upon the ground that no violation of the factory act was shown, and that the plaintiff was injured through his own lack of care and his voluntary and unnecessary exposure to obvious danger.