Appellate Terms of the Supreme Court of New York, 1909

Holtzman v. M. Cohen & Bro.

Holtzman v. M. Cohen & Bro.
Appellate Terms of the Supreme Court of New York · Decided March 5, 1909 · MacLean
115 N.Y.S. 109 (New York Supplement)

Counsel

Hirsh & Rasquin, for appellants., Bernard S. Deutsch, for respondent,

Holtzman v. M. Cohen & Bro.

Dissenting Opinion

MacLEAN, J.

(dissenting). I dissent, on the testimony of the plaintiff that, knowing it was dangerous to try with his unprotected hands to extricate a fabric clogged in the machine, he still tried, and upon the testimony of his witness and expert that he could not have been injured unless he did something to release the clutch or start the machine, which, when running, made it impossible to remove the fabric.

Opinion of the Court

PER CURIAM.

Judgment affirmed, with costs.

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