Pettersen v. Rahtjen's American Composition Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Rahtjen’s American Composition 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 ©n the 18th day of November, 1901, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 20th day of November, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
v This action is by a servant against his master for negligence whereby a plank of a scaffold broke.. The judgment against the master should be reversed on an exception, to a ruling upon its request for an instruction.
A plaintiff’s witness testified that at the place of break there was a knot in the plank “twice the size of a silver dollar.” For the. defendant its foreman testified that upon examination of this plank he could not find a knot or other defect which could be the cause of the break, aud its boss rigger, who supervised the building of tlie sdaffold, testified that he…
2Cases cited5 opinions
- Butler v. . TownsendNew York Court of Appeals · 1891
- Stewart v. . FergusonNew York Court of Appeals · 1900
- People v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1883
- Carlson v. Phoenix Bridge Co.New York Court of Appeals · 1892
- Fidelity & Casualty Co. v. City of SeattleWashington Supreme Court · 1897
3Cited by4 opinions
- Lorenzo v. FaillaceAppellate Division of the Supreme Court of the State of New York · 1909
- Corbett v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Smith v. Variety Iron & Steel Co.New York Supreme Court · 1911
- Skrodanes v. Knickerbocker Ice Co.Appellate Division of the Supreme Court of the State of New York · 1917