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152 A.D. 897

Luber v. Conners

Appellate Division of the Supreme Court of the State of New York · decided 1912-07-15

Appeal by the plaintiff from a judgment of the Supreme Court, entered in the clerk’s office of Brie county on the 8th day of September, 1911, granting the defendant’s motion for nonsuit. Judgment affirmed, with costs. All concurred, except Kruse, J., who dissented in a memorandum.

Decided 1912-07-15

Kruse, J. (dissenting):

¶1The evidence tends to show that warning of the starting of the press was given, but that the plaintiff did not hear it. The bell system had been installed, but was out of repair and not usable, and had been so for about a month. I think the plaintiff was unnecessarily exposed to danger in the method in which the work was being carried on, both as regards the method of giving warning without the aid of the bell and in requiring him to feed the paper between the rollers without tapering it.

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