Majority
p. 1124DOHERTY, Respondent, v. ONEITA KNITTING MILL, Appellant. (Supreme Court, Appellate Division, Fourth Department. March 24, 1903.)
Headnote
Action by Michael Doherty against the Oneita Knitting Mill.Judgment and order reversed, with costs to the appellant to abide event. Held, that the plaintiff was to be charged with knowledge of the location and character of defendant’s fan; also, held, that it was contrary to the evidence for the jury to find, as it must have done, that plaintiff did not know that the fan was or might be in motion at the time of the accident, and to find that he was free from contributory negligence in coming in contact with the same.