Martin v. Siegfried Construction Co.

G-oldmau, J. (concurring).

I concur with the result reached by the majority because of the confusion created by that portion of the trial court’s charge dealing with the legal effect of Buies of the Board of Standards and Appeals of the Department of Labor and subdivision 4 of section 241 of the Labor Law. As ably set forth in the prevailing opinion, and as previously stated by this court in Utica Mut. Ins. Co. v. Mancini & Sons (9 A D 2d 116) violation of the rule would be only evidence of negligence per se. Absent this error in the charge I would vote to affirm the judgment for the plaintiff.