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MICHALEK v. UNITED STATES GYPSUM CO.

16 F.Supp. 708 (1936)

MICHALEK v. UNITED STATES GYPSUM CO.

District Court, W. D. New York.

October 12, 1936.

Attorney(s) appearing for the Case

William L. Clay, of Rochester, N. Y., for plaintiff.

Hubbell, Taylor, Goodwin, Nixon & Hargrave, of Rochester, N. Y. (Casper Baltensperger, of Rochester, N. Y., of counsel), for defendant.

RIPPEY, District Judge.

According to the memorandum furnished by defendant, the fifth cause of action set up in the complaint is the only one that has survived and remains for consideration by the court. To that cause of action the defendant has set up six affirmative defenses: (1) Contributory negligence; (2) assumption of risk; (3) fellow-servant rule; (4) statute of limitations; (5) Workmen's Compensation Law of the state of New York (Consol. Laws, c. 67) as a...

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