J. W. Fitzwater, Respondent v. Guy S. Warren, Appellants

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that whether an employee assumed the risk of injury from an unguarded setscrew—when the employer violated Labor Law § 81—remains a factual question for the jury. The court rejected a rule that statutory violations automatically create assumed risk, and noted a dissent arguing the opposite.