Martin v. Siegfried Construction Co.

Halpern, J. (dissenting).

I cannot accept the construction of subdivision 4 of section 241 of the Labor Law adopted by the majority of the court. I agree with the construction of that subdivision set forth in Justice Goldman’s concurring opinion, but I do not believe, as he does, that there were prejudicial errors in the court’s charge with respect to the Buies of the Board of Standards and Appeals, and I therefore vote to affirm the judgment appealed from.

So far as the construction of the statute is concerned, it seems plain to me that the construction adopted by Justice Goldman is the only…