Smith v. Variety Iron & Steel Works Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Variety Iron and Steel Works • Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 16th day of February, 1911, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 21st day of February, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, J.:
The plaintiff, a workman, was at work upon a scaffold, which broke through weakness. He fell and was hurt through no fault of his. We may also assume, as defendant contends, that the weakness of the scaffold was not discoverable by any reasonable inspection, as the trial court held that the defend*243ant was bound to furnish a safe scaffold irrespective of that fact.. The details of the casualty are fully set forth in the opinion of the presiding justice.
The question here is whether the workman or his employer shall bear the pecuniary loss resulting to the workman from the injuries so…
2Cases cited2 opinions
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- Caddy v. . Interborough Rapid Transit Co.New York Court of Appeals · 1909
3Cited by7 opinions
- Koepp v. National Enameling & Stamping Co.Wisconsin Supreme Court · 1912
- Duncan v. Twin Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 1954
- Coleman v. Ruggles-Robinson Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Urgo v. Coles & Co.Appellate Division of the Supreme Court of the State of New York · 1929
- Amberg v. . KinleyNew York Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.