BUBACZ v. HORKA


11 A.D.2d 594 (1960)

Vincent Bubacz, Respondent, v. Leonard Horka, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 16, 1960


Plaintiff went to defendant's premises on a personal errand. Defendant requested him to saw a limb from a tree and, after twice declining, plaintiff acceded to the request and defendant obtained a saw and a ladder which he placed against the limb, which was about 6 inches thick and some 15 feet above the ground. Plaintiff mounted the ladder and began to saw while defendant held the limb, apparently so as to guide its fall away from a fence. The saw was pinched by the green...

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