Holloway v. McWilliams
Appellate Division of the Supreme Court of the State of New York
•Appeal by the. plaintiff,'Obaáss • EL Holloway,, as administrator, etc., of August M. Holloway, deceased, from a judgment: of the Supreme Court in favor of the defendant,, entered ini the office of the clerk of the. county of Richmond .on the- Mtk day of October,, 19G3, upon- the- verdict of a. jury, and also, from: an order entered in said clerk’s;, office: on the 16th day of October, -190$:,, denying the plaintiff’s motion, for a, new trial made upon the minutes.
1DissentWoodward, J.
I am unable to concur in the opinion about to be handed down by this court, which holds that it was error for the court at Trial Term to charge the following request: “That if the jury is satisfied from all the evidence that the defendant famished to the decedent and his fellow servants, for the performance of their labor, in working at the place of the accident, safe, suitable and proper materials and scaffolding for their use in the performance of their work, that *362then, and in that, event, plaintiff cannot recover, and the defendant is entitled to a verdict.”
It is conceded that this is a…
2Cases cited16 opinions
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Stewart v. . FergusonNew York Court of Appeals · 1900
- Taggart v. . MurrayNew York Court of Appeals · 1873
- People, Ex Rel. Mason v. . McClaveNew York Court of Appeals · 1885
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