New York Court of Appeals

William G. Davidson, Respondent v. John M. Cornell, Appellants

March 22, 1892132 N.Y. 228

Summary

The Court of Appeals reversed the lower court's judgment and ordered a new trial, holding that the plaintiff did not assume the risk of the unbraced girders because the danger required skill beyond ordinary observation, that the defendants were negligent in failing to brace and bolt the girders, and that the plaintiff's statements to a physician about past pain were inadmissible hearsay.