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Kerwin v. Long Island R.

142 N.Y.S. 1125 Court N.Y. App. Div. Decision date 1913-05-23 English

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p. 1125
KERWIN, Appellant, v. LONG ISLAND R. CO., Respondent.
(Supreme Court, Appellate Division, Second Department.
May 23, 1913.)

Headnote

Action by John W. Kerwin, an infant, by Catherine A. Kerwin, his guardian ad litem, against the Long Island Railroad Company.

The rope furnished by defendant for ordinary use upon its wagons for the purpose of securing the loads of said wagons was a part of the "plant," within the meaning of the statute. Lipstein v. The Provident Loan Association, 154 App. Div. 732 , 139 N. Y. Supp. 799 . The action was therefore maintainable under the provisions of the Labor Law, as amended in 1910. The questions of assumption of risk or contributory negligence on the part of the plaintiff were primarily for the jury. Judgment reversed, and new trial granted, costs to abide the event.