Plaintiff’s exceptions sustained and motion for new trial granted, with costs to the plaintiff to abide the event. Held, that the question as to whether, under the. Labor Law,† the shafting should have been guarded was a question of fact for tíre jury, and not one of fact for the court. All concurred, except McLennan, P. J., not sitting.
See Laws of 1897, chap. 415, § 81, as amd. by Laws of 1904, chap. 291.—[Rep.