Appellate Division of the Supreme Court of the State of New York July 1, 1900 (Cunningham v. Sicilian Asphalt Paving Co.)

Barrett, J.:

This is an action for damages resulting from an injury to the plaintiff, alleged to have been occasioned by the defendant’s negligence. The defendant is a manufacturer of asphalt. It has a factory in the city of New York. In one part of this factory there was at the time of the plaintiff’s injury a series of bins some fifteen or sixteen feet in height.