New York Court of Appeals December 7, 1909 (Kirby v. . Montgomery Brothers Co.)

Vann, J.

The plaintiff, while in the employ of the defendant as a common laborer in its lumber yard in the city of Buffalo, alleges that he was seriously injured by the negligence of his master in failing to furnish him a safe place in which to work. The accident occurred in a shed belonging to the defendant used to store lumber for the purpose of selling it at retail.