Bill v. New York Expanded Metal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York Expanded Metal Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 4th day of October, 1900, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 22d day ■of October, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The plaintiff, who was the servant of a contractor for the brick work of a building, went into a room thereof where the defendant, an independent contractor, was laying a floor, fell through the floor and suffered an injury. The fact that there was no contract relation between plaintiff and defendant did not deprive the former of a cause of action. Eor there was an obligation upon the defendant to *472exercise due care while doing its work if it might otherwise he a source of danger to the plaintiff while lawfully engaged in his - own work upon the building. (Wittenberg v. Seitz, 8 App.…
2Cases cited5 opinions
- Wittenberg v. SeitzAppellate Division of the Supreme Court of the State of New York · 1896
- Guldseth v. CarlinAppellate Division of the Supreme Court of the State of New York · 1897
- Dohn v. DawsonNew York Supreme Court · 1895
- Reilly v. Atlas Iron Const. Co.New York Supreme Court · 1894
- Reilly v. Atlas Iron Construction Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- Lisle v. AndersonSupreme Court of Oklahoma · 1916
- George Lebrecht v. Bethlehem Steel CorporationCourt of Appeals for the Second Circuit · 1968
- Smith v. BradyAppellate Division of the Supreme Court of the State of New York · 1910
- Duerr v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Williams v. New York Telephone Co.New York Supreme Court · 1913