Morton v. Smith Hoisting Co.
Appellate Division of the Supreme Court of the State of New York
Separate appeals by the defendants, Smith Hoisting Company and another, 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 20th day of March, 1914, upon the. verdict of a jury, and also from an order entered in said clerk’s office on the 23d day of March, 1914, denying defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Thomas, J.:
A large force of men were making a building. The fourth floor was only in iron frame, the parts of which made subdivisions called panels. The one in question was some seventeen feet long in a north and south direction and six and a half feet wide. Defendant Milliken Brothers’ servant, Watson, facing south, sat on the easterly longitudinal beam called a filler-in beam — one that ran between two girders. Molasky, the servant of the Smith Hoisting Company, stood facing easterly on the opposite side, one foot on the westerly filler-in beam, and one foot on a'board that had been placed…
2Cited by1 opinion
- Bennett v. New York & Queens Electric Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1944