Appellate Division of the Supreme Court of New York, 1913

Kerwin v. Long Island Railroad

Appellate Division of the Supreme Court of New York · Decided May 15, 1913

157 A.D. 898; 142 N.Y.S. 1125

Cases that cite this one

2 later published cases cite this decision.

J. Ray Arnold Lumber Corp. v. Richardson (Fla. 1932)
Martin v. Matson Nat. Co. (District Court, W.D. Washington 1917)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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. Provident Loan Society, 154 App. Div. 732.) 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. Jenks, P. J., Burr, Carr, Rich and Putnam, JJ., concurred.

See Labor Law (Consol. Laws, chap. 31; Laws of 1909, chap. 36), art. 14, as amd. by Laws of 1910, chap. 353.— [Rep.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.