Stewart v. . Ferguson
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 14, 1900, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 14, 1900, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The action was brought to recover damages for alleged negligence causing the death of Andrew C. Stewart, the plaintiff’s intestate, on November 23, 1897. Stewart was in the employ 'of defendant, and while engaged in laying brick in the wall of a building which the defendant was erecting in Long Island City, the scaffold upon which he was standing, which…
1Opinion of the CourtLandon, J.
The only question of law presented for our review by the exceptions arises upon the refusal of the trial court to charge as requested by the defendant. There was evidence tending to show how the scaffold was constructed, but not tending to show any particular structural weakness. There was no evidence tending to prove the cause of the fall of' the scaffold other than the fall itself. The trial court instructed the jury that the falling of the scaffold raised a presumption of the negligence of the defendant in its construction, and he refused to charge that the happening of the accident…
2Cases cited3 opinions
- Butler v. . TownsendNew York Court of Appeals · 1891
- Kimmer v. . WeberNew York Court of Appeals · 1897
- Solarz v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1894
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- Caddy v. . Interborough Rapid Transit Co.New York Court of Appeals · 1909
- Marino v. . LehmaierNew York Court of Appeals · 1903
- Koepp v. National Enameling & Stamping Co.Wisconsin Supreme Court · 1912
- Hardesty v. Largey Lumber Co.Montana Supreme Court · 1906
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