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McDonnell v. Andrew J. Robinson Co.

127 N.Y.S. 1130 Court N.Y. App. Div. Decision date 1911-02-03 English

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

Contents
p. 1130
McDonnell v. Andrew J. Robinson CO.
(Supreme Court, Appellate Division, First Department.
February 3, 1911.)

Headnote

Appeal from Trial Term, New York County. Action by Thomas McDonnell against the Andrew J. Robinson Company. From a judgment on a verdict for plaintiff, and from an order denying a motion for new trial, defendant appeals. Affirmed.
See, also, 121 N. Y. Supp. 47 .
Edward P. Mowtbn, for appellant.
William J. Carey, for respondent.

Judgment and order affirmed, with costs.

CLARKE, J., dissents.

The action being at common law, I dissent, and vote for reversal, on the excels tion to the charge that the employs only assumes the risks which remain after the employer has performed his duty.