New York, N. H. & H. R. v. Mooney
Court of Appeals for the Second Circuit
In error to the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a judgment in favor of defendant in error, who was plaintiff below. The action, to recover for personal injuries, was brought under the Labor Law of the state of New York, the negligence charged being the failure to furnish a safe place in which to work. Plaintiff was painting the ironwork of an unfinished bridge.
Read the full summary
In error to the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a judgment in favor of defendant in error, who was plaintiff below. The action, to recover for personal injuries, was brought under the Labor Law of the state of New York, the negligence charged being the failure to furnish a safe place in which to work. Plaintiff was painting the ironwork of an unfinished bridge. In-the course of his work it was necessary for him to lie down on a plank resting on portions of the iron work so- as to reach the under part of a…
1Opinion of the Court
LACOMBE, Circuit Judge.
The temporary platform on which plaintiff was working consisted of a plank placed between two girders. This is substantially the same structure as that which was passed upon in our decision in Steel & M. Co. v. Reilly, 210 Fed. 437, 127 C. C. A. 169 (December 9, 1913), where a .plank was laid diagonally upon two trusses. That such a structure is “scaffolding” within the meaning of the New York Labor Law was settled for this circuit, by that decision. In Ford Motor Co. v. Donaldson (November 10, 1914) (C. C. A.) 218 Fed. 350, we also held that the statute applied when…
2Cases cited2 opinions
- Steel & Masonry Contracting Co. v. ReillyCourt of Appeals for the Second Circuit · 1913
- Ford Motor Co. v. DonaldsonCourt of Appeals for the Second Circuit · 1914