Hyperlawhypertext legal database Kelly v. Baker, Smith & Co. 150 N.Y.S. 1091

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Kelly v. Baker, Smith & Co.

150 N.Y.S. 1091 Court N.Y. App. Div. Decision date 1914-11-27 English

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p. 1091
KELLY, Respondent, v. BAKER, SMITH & CO., Appellants.
(Supreme Court, Appellate Division, First Department.
November 27, 1914.)

Headnote

Action by Delia Kelly, as administratrix, etc., against Baker, Smith & Co. E. P. Mowton, of New York City, for appellants. E. S. Merrill, of New York City, for respondent.

Judgment and order affirmed, with costs.

INGRAHAM, P. J., and HOTCHKISS, J., dissent, upon the ground that plaintiff’s intestate voluntarily placed himself in the immediate neighborhood of the scaffold, against the protest of defendants’ employes, and thereby voluntarily assumed any risk because of the condition of the scaffold or anything falling from it. Order filed.