OLDEN v. BOLTON


137 A.D.2d 878 (1988)

John Olden, Appellant, v. Thomas Bolton, Respondent

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

February 4, 1988


Mahoney, P. J.

On September 12, 1982, plaintiff and defendant, neighbors in the Town of Warrensburg, Warren County, were cutting logs into firewood with the use of chain saws. At some point, something caused plaintiff's chain saw to kick back. Plaintiff used his hand to shield his face from the chain saw and his hand was seriously injured.

Plaintiff commenced an action against defendant alleging ordinary negligence. Upon demand plaintiff served...

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