ARNOLD v. BUFFALO TERMINAL ELEVATORS, INC.


25 A.D.2d 611 (1966)

Louise V. Arnold, as Administratrix of The Estate of George Arnold, Deceased, Respondent, v. Buffalo Terminal Elevators, Inc., Appellant, et al., Defendants

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

February 24, 1966


Judgment and order unanimously reversed on the law and facts and a new trial granted, without costs of this appeal to any party.

Memorandum:

The submission to the jury of section 23-3.28 of the Rules of State Industrial Code was reversible error. That section (as in effect at the time of the accident) by its specific language applied only to the duties of an employer in regard to protection of his employees against electrical shock. The Trial Justice charged...

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