Bryer v. Foerster
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Catharine Foerster, as aaministratrix, etc., of Joseph Foerster, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 20th day of June, 1894, upon the verdict of a jury rendered after a trial at the Hew York Circuit, and also from an order entered in said clerk’s office on the 6th day of July, 1894, denying the defendant’s motion for a new trial made upon the…
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Appeal by the defendant, Catharine Foerster, as aaministratrix, etc., of Joseph Foerster, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 20th day of June, 1894, upon the verdict of a jury rendered after a trial at the Hew York Circuit, and also from an order entered in said clerk’s office on the 6th day of July, 1894, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages resulting from personal injuries caused by the alleged negligence of the…
1Opinion of the Court
INGRAHAM, J. :
The plaintiff was working as a helper to one Frederick Selser, who was a roofer engaged in rooting a building in the city of Brooklyn, and while ¡at work upon a scaffold outside of the building ' the scaffold broke and the plaintiff was injured. There was no dispute but that the scaffold was improperly constructed, and that the cause of its breaking was the use of a joist in which there was a large knot. There was evidence produced by the plaintiff tending to show that this scaffold was erected by an agent of the defendant’s intestate, who was .the plaintiff’s employer, and that…
2Cited by5 opinions
- Penson v. Inland Empire Paper Co.Washington Supreme Court · 1913
- McCone v. GallagherAppellate Division of the Supreme Court of the State of New York · 1897
- McCone v. GallagherAppellate Division of the Supreme Court of the State of New York · 1897
- McCone v. GallagherAppellate Division of the Supreme Court of the State of New York · 1897
- McCone v. GallagherAppellate Division of the Supreme Court of the State of New York · 1897