Kelly v. Baker, Smith & Co. , 165 A.D. 912 ( 1914 )

No opinion.' Present — Ingraham, P. J., McLaughlin, Clarke, Dowling and Hotchkiss, JJ.; Ingraham, P. J., and Hotchkiss, J., dissented upon the ground that plaintiff’s intestate voluntarily placed himself in the immediate neighborhood of the scaffold, against the protest of defendant’s employees, and thereby voluntarily assumed any risk because of the condition of the scaffold or anything falling from it.