Carr v. Gottschaldt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jennie Carr, as administratrix, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Richmond on the 23d day of November, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the. 6th day of November, 1916, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
I think that it was error to submit to the jury the question whether the guardrail of the scaffold was properly attached thereto in compliance with section 18 of the Labor Law. Whatever expressions in the charge may be isolated and then *811read to the contrary, it is plain, both from the tenor of the main charge and from its final word, that the learned court did make the submission.
There was no question whether the said section applied to the scaffold as then in use. That section prescribed that the guardrail of the scaffold must be “ properly bolted, secured and braced.” The…
2Cases cited7 opinions
- McRickard v. . FlintNew York Court of Appeals · 1889
- Hover v. BarkhoofCommission of Appeals · 1870
- Foster v. . the PeopleNew York Court of Appeals · 1872
- Pitcher v. LennonAppellate Division of the Supreme Court of the State of New York · 1896
- McDonald v. . Long Island R.R. Co.New York Court of Appeals · 1889
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