Appellate Division of the Supreme Court of the State of New York November 22, 1912 (Wynkoop v. Ludlow Valve Manufacturing Co.)

Kellogg, J. (dissenting):

Upon the third trial the plaintiff had a verdict of $1,000, which , we affirmed by a divided court. (126 App. Div. 939.) That judgment the Court of Appeals reversed in Í96 Hew York, 324, opinion by Celase, J., all concurring. The judgment of the Court of Appeals proceeded upon the theory that the law did not require this contrivance to be guarded.