L. 1919, ch. 544.

Employment of women in elevators.

§§ 179-200.

obtain lunch or supper between five and seven o'clock in the evening. (Added by L. 1919, ch. 544.)

§ 179. Posting notice as to number of hours employed.-A printed notice, in a form which shall be furnished by the commission, stating the number of hours per day for each day of the week required of women employed in caring for, having the custody or management of or operating any such elevator, and the time when their work shall begin and end, shall be kept posted in a conspicuous place in the elevator or over or near the main or ground floor opening thereto. Such employees may begin their work after the time for beginning and stop before the time for stopping such work, but they shall not otherwise be employed, permitted or suffered to work, in such employment, except as stated in the notice. The terms of the notice shall not be changed after the beginning of labor on the first day of the week without the consent of the commission. (Added by L. 1919, ch. 544.)

§ 180. Washrooms, washing facilities and water closets.-There shall be provided and maintained for the use of all employees, whether men, women or children, adequate and convenient washrooms or washing facilities and a sufficient number of suitable and convenient water closets. Where the elevator is used in or in connection with a factory or mercantile establishment, the provisions of sections eighty-eight, eighty-eight-a, one hundred and sixty-eight-c and one hundred and sixty-eight-e shall apply to washrooms, washing facilities and water closets for employees mentioned in this section; and where the elevator is used in any other building or place, the provision of such sections one hundred and sixty-eight-c and one hundred and sixty-eight-e shall apply to washrooms, washing facilities and water closets for employees engaged in caring for, having the custody or management of or operating an elevator in such building or place. For the purpose of so applying the sections last referred to, the term “mercantile establishment" as therein used shall be deemed to mean and include a building in which the elevator is located or with which it connects. Where washrooms, washing facilities and water closets, not required by this chapter before this article takes effect, shall not have been heretofore provided, the time for installing and providing the same shall be fixed by the commission; but such time shall not be earlier than September first, nineteen hundred and nineteen, nor later than January first, nineteen hundred and twenty. (Added by L. 1919, ch. 544.)

§ 181. Exceptions.-The provisions of subdivision two of section one hundred and seventy-six shall not apply to the care, custody, management or operation of an elevator in a hotel, by a woman over twenty-one years (Added by L. 1919, ch. 544.)

of age.

§ 200. Employer's liability for injuries.

VOL. X-68

Recovery at common law. Although a complaint is framed with reference to the
New York Employers' Liability Act there may be a recovery at common law if it
states a cause of action at common law. Marra v. Hamburg-Amerikanische, etc.
(1917), 180 App. Div. 75, 167 N. Y. Supp. 74.

Duty of employer personal.-People ex rel. Price v. Sheffield Farms Co. (1918),
225 N. Y. 25, 121 N. E. 474, affg. 180 App. Div. 615, 167 N. Y. Supp. 958.

An employer is only required to furnish such appliances in the conduct of his
business as are reasonably safe, and in selecting one of several appliances devised
for doing a particular work, and in determining which is the safer, he may
rely upon the judgment of others engaged in the same business, and if the appli-
ance selected by him is in general use and has been generally adopted, he is not
liable to an employee who may be injured because of the use of the appliance
so selected, notwithstanding it may appear that another kind or pattern of such
appliance, also in use, was safer and less liable to injure an employee operating or
in charge of the same. Cleary v. Dietz Co. (1917), 222 N. Y. 126, 118 N. E. 509, revg.
164 App. Div. 621, 140 N. Y. Supp. 958.

Death by fall down elevator shaft; unexplained ascent of elevator during absence
of operator.-Where the operator of an elevator in a hospital, following instruc-
tions, was accustomed to leave the shaft door open about three inches while de-
livering diet lists to the kitchen owing to the fact that the door could not be
opened from the outside if it were once closed, and it appeared that during the
absence of the operator, under the circumstances aforesaid, an employee of the
hospital was found dead at the bottom of the shaft, it was error for the court
to charge, in effect, that the jury could find a defect in the elevator because
after the accident the car was found to have ascended to an upper floor during the
absence of the operator. Under the circumstances the doctrine of res ipsa loquitur
did not apply and the charge was prejudicial error requiring the reversal of a
judgment for the plaintiff. West v. Woman's Hospital (1917), 180 App. Div. 304,
167 N. Y. Supp. 220.

Method of doing work; defective plant; question of fact.-Upon examination of
the evidence in an action for negligence brought by a servant against the master
under the Employers' Liability Act, held, that a question of fact was presented for
determination by a jury as to the actionable negligence of the defendant in the
method adopted for doing the work in question; as to whether or not the plant
was defective, in that there existed on the part of defendant a failure to supply
proper apparatus and adopt such measures as would reasonably guard against an
obvious danger which might arise from the method adopted, and that the Appel-
late Division was in error in determining as matter of law that the defendant was
not guilty of negligence. Gilhooley v. Burgard (1919), 225 N. Y. 445, 122 N. E.
257, revg. 175 App. Div. 911, 160 N. Y. Supp. 1131.

Injury to employee directed to work as helper of another employee of defendant.—
Under the provisions of this section, as amended in 1910, where an employee of
defendant was instructed with authority to direct, control and command plaintiff,
working as his helper, the defendant is liable for injuries to the helper caused
by the negligence of such employee in a detail of the work, not merely by his
negligence in directing plaintiff. Guirizinski v. American Radiator Co. (1917),
222 N. Y. 85, 118 N. E. 215, revg. 167 App. Div. 958, 152 N. Y. Supp. 1115.

Injury to workman by fall of stone from wall; when failure of foreman to make
examination evidence of negligence.-Where it appears, in an action by a workman
against employer under the Labor Law, that plaintiff, who was excavating for the
foundation of a building, called the attention of defendant's foreman to a stone
in the bank about which there were cracks, two to three inches wide, and the
foreman without making an examination told him that there was no danger and

to go on with his work, and half an hour later the stone fell crushing plaintiff's
hand, it was error for the Appellate Division to reverse the judgment for plaintiff,
upon the ground that the foreman's conduct was evidence not of negligence but
at the utmost of error of judgment. A jury might fairly find that the foreman,
however honest his error, had failed in his duty of reasonable inspection. Neither
is plaintiff chargeable as a matter of law with contributory negligence. He relied
upon the judgment of his superior who had been engaged in the business upwards
of sixteen years and whether his reliance was reasonable was a question for the
jury. Pellegrino v. Smith Co. (1919), 226 N. Y. 165, 123 N. E. 153, revg. 176 App.
Div. 930, 162 N. Y. Supp. 1135.

Death of machinist in ice-making plant; evidence not justifying recovery.-Action
brought under the Employers' Liability Act to recover for the death of a person
employed as machinist and repairman in an ice-making plant. The decedent who
had undertaken to make repairs to certain machinery was found on the following
day dead and frozen at the bottom of an elevator shaft. There was evidence
that some of his bones were broken and that there were internal injuries. Evi-
dence examined, and held, insufficient to support a verdict for the plaintiff and that
a new trial should be granted. Meissner v. Atlantic Hygienic Ice Co. (1917), 178
App. Div. 169, 164 N. Y. Supp. 1031.

Contributary negligence and assumption of risk, action for loss of plaintiff's
arm caught between revolving pulley and moving belt on defendant's barge.
Chasen v. Astoria Light, Heat and Power Co. (1917), 222 N. Y. 580, 118 N. E.
1054, affg. 168 App. Div. 929, 152 N. Y. Supp. 1103.

Section cited.-Bitolio v. Bradley Contracting Co. (1918), 222 N. Y. 553, 118 N. E.
1052, affg. 166 App. Div. 836, 152 N. Y. Supp. 307; Cocchia v. Rapid Addressing
Machine Co. (1918), 223 N. Y. 628, 119 N. E. 1035, affg. 174 App. Div. 313, 160 N. Y.
Supp. 474; Nulle v. Hardman, Peck & Co. (1918), 185 App. Div. 351, 173 N. Y.
Supp. 236; Wolff v. Fulton Bag and Paper Mills (1918), 185 App. Div. 436, 173
N. Y. Supp. 75.

$201. Notice to be served.

Insufficient notice.-Cleary v. Dietz Co. (1917), 222 N. Y. 126, 118 N. E. 509,
revg. 164 App. Div. 621, 149 N. Y. Supp. 958.

It is a condition precedent to the right to sue under the statute both that a
notice should be served, and that the action should be brought within the specified
time. Balke v. Otis Elevator Co. (1917), 177 App. Div. 499, 164 N. Y. Supp. 287.

§ 7-a.

Legislative library.

L. 1920, ch. 531.

LAKE GEORGE.

L. 1920, ch. 909.—An act to provide for the making of a biological survey of the waters of Lake George, and making an appropriation therefor.

Section 1. The conservation commission is hereby authorized and directed to make a biological survey of the waters of Lake George for the purpose of determining the most practical methods of increasing fish production.

§ 2. In connection with such survey the commission may make such investigations as may be necessary or desirable. The commission may obtain such equipment, purchase such supplies, carry on such operations and employ such biologists or other assistants as may be deemed necessary, and fix their compensation, which shall be payable out of the money appropriated by this act.

§ 3. For the purpose of carrying out the provisions of this act the sum of two thousand dollars ($2,000), or so much thereof as may be necessary, is hereby appropriated out of the moneys in the state treasury not otherwise appropriated.

LAND TITLES.

Commission to investigate, in forest preserve; See Real Property.

LEASE.

Wilful violation of; Penal L., § 2040.

LEGAL PROCESS.

Alteration; Penal L., § 2053.

LEGISLATIVE LAW.

(L. 1909, ch. 37.)

§ 7-a. Legislative library, librarian and assistants.-There shall be a legislative library to be located in the state capitol in rooms assigned by the trustees of public buildings, conveniently accessible to the members of both houses of the legislature, and such library shall be open throughout the year.

Such library shall be suitably furnished, equipped and maintained under the direction of the legislative librarian, within the amount of any moneys available therefor by appropriation, subject to joint rules, if any, that may be adopted by the senate and assembly in relation thereto. There shall be, for such library, a legislative librarian, three assistant librarians and one messenger, who shall be chosen by the president of the senate and speaker of

L. 1919, ch. 405.

Compensation of officers and employees of legislature. § 10.

the assembly. One of the assistant librarians shall be assigned by the legislative librarian to have charge of the legislative correspondents' room in the capitol. The legislative librarian, two assistant librarians and messenger heretofore chosen by the president of the senate and speaker of the assembly, and in office when this section as hereby amended takes effect, shall continue to serve until their successors shall be chosen in like manner. The salaries and compensation of the legislative librarian, assistant librarians and messenger shall be payable monthly from moneys appropriated for compensation of officers and employees of the senate and assembly. During a vacancy in the office of legislative librarian, the assistant librarian who shall have been longest in the service of the state as a legislative employee, shall be employed as acting legislative librarian with the powers and duties of such librarian, and shall receive during such period the compensation herein prescribed for the legislative librarian. Such library shall be deemed established from and after the selection of the first legislative librarian hereunder. Such librarian shall have charge of the legislative library, but the two houses of the legislature may, by joint rules, regulate the use of the library and prescribe the powers and duties of the legislative librarian and the assistant librarians. (Added by L. 1915, ch. 483, and amended by L. 1916, ch. 290, L. 1917, ch. 715 and L. 1920, ch. 531, in effect July 1, 1920.)

L. 1920, ch. 531, § 2, appropriates $2,300.

§ 10. Compensation of officers and employees.-The following compensation shall be paid to the officers and employees of the senate and assembly for the annual session of the legislature; to the clerk of each house, three thousand five hundred dollars; to the clerk of the senate, five hundred dollars, and to the clerk of the assembly seven hundred and fifty dollars for indexing the journals, bills and documents of the senate and assembly; to the clerk of the senate not to exceed five hundred dollars, and to the clerk of the assembly not to exceed seven hundred and fifty dollars for the extra clerical service and engrossing; to each assistant clerk, two thousand five hundred dollars; to each journal clerk, two thousand five hundred dollars; to each first assistant journal clerk and to the executive clerk, one thousand five hundred dollars; to each second assistant journal clerk, and to the assistant clerk to the committee on engrossed bills of the assembly, each one thousand dollars; to each deputy clerk, one thousand dollars, except the deputy clerk assigned as chief clerk of the engrossing rooms of the senate and assembly, who shall receive fifteen hundred dollars each; excepting also the deputy clerk assigned as clerk to the committee on revision in the assembly and the revision clerk of the senate who shall each receive fifteen hundred dollars; to each financial clerk, one thousand five hundred dollars; to the assistant financial clerk of the assembly ten dollars per day; to the messenger of each of the financial clerks five dollars per day; to each index