Storrier v. . Mosier Summers
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 30, 1915, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant’s motion for a nonsuit should have been granted, and the court’s refusal to grant the same was error and the exception to such denial was well taken. (Williams v. F. Nat.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 30, 1915, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant’s motion for a nonsuit should have been granted, and the court’s refusal to grant the same was error and the exception to such denial was well taken. (Williams v. F. Nat. Bank, 118 App. Div. 555; Caddy v. 1. R. T. Co., 195 N. Y. 415; McCormick v. Thompson-Starrett Co., 80 Misc. Rep. 225.) The…
1ConcurrenceMcLaughlin, J.
The appellant relies chiefly upon Schapp v. Bloomer (181 N. Y. 125) and Williams v. First National Bank of Utica (118 App. Div. 555). The rule there laid down as to what constitutes a “ scaffold” within section 18 of the Labor Law, if not in effect overruled, certainly has not been adopted or applied by subsequent decisions of this court. (Caddy v. Interborough Rapid Transit Co., 195 N. Y. 415; Grady v. National Conduit & Cable Co., 216 N. Y. 694; Holsapple v. International Paper Co., 216 N. Y. 746.)
I, therefore, concur, on the authority of the latter cases, in the opinion of Judge Cuddebaok…
2Cases cited5 opinions
- Caddy v. . Interborough Rapid Transit Co.New York Court of Appeals · 1909
- Schapp v. . BloomerNew York Court of Appeals · 1905
- Williams v. First National Bank of UticaAppellate Division of the Supreme Court of the State of New York · 1907
- Grady v. . National Conduit and Cable CompanyNew York Court of Appeals · 1915
- Holsapple v. . International Paper CompanyNew York Court of Appeals · 1916