Bill v. New York Expanding Metal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action by Frederick Bill against the New York Expanding Metal Company. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtJenks, J.
The plaintiff, who was the servant of a contractor for the brickwork 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, for there was an obligation upon the defendant to exercise due care while doing its work if it might otherwise be a source of danger to the plaintiff while lawfully engaged in his own work upon the building. Wittenberg v. Seitz, 8 App. Div. 439, 40…
2Cases cited6 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
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Lisle v. AndersonSupreme Court of Oklahoma · 1916
- George Lebrecht v. Bethlehem Steel CorporationCourt of Appeals for the Second Circuit · 1968