New York Court of Appeals

John Mullin, Respondent v. Genesee County Electric Light, Power and Gas Company, Appellant

May 30, 1911202 N.Y. 275

Summary

The Court reversed the judgment for the plaintiff, holding that an employer is not liable for a servant's injury when the danger arises from the work itself. Because the pole‑setting work created the unsafe condition, the master’s duty to provide a safe place does not apply, and the plaintiff cannot recover.