Lewis v. Gehlen
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by the plaintiff, Joseph Lewis, from a. judgment of the Supreme, Court in favor of the defendant, entered in the office of the clerk of the county of’ Kings on the 18th day of Hay,' 1908, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 22d day of Hay, 1908, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
The notióe served under the supposed provisions of the Employers’ Liability Act (Laws of 1902, chap. 600) merely asserts that the plaintiff was injured “ through your negligence in failing to provide him with a reasonably safe and suitable place whereat to work, in that a plank on which he was standing broke and he was precipitated from one of the upper floors of the said building to the ground floor,” etp. It is now conceded that no plank broke; that the injury resulted from the removing of a “header” or beam used to shore, up the ends of cross beams on which the floor was laid,…
2Cited by1 opinion
- Holsapple v. International Paper Co.Appellate Division of the Supreme Court of the State of New York · 1912