Legal Opinion

Smith v. . the Variety Iron and Steel Works Company

New York Court of Appeals

Decided April 4, 1913PublishedCited by 3 opinions

Appeal from a judgment of the Appellate Division óf the Supreme Court in the fourth judicial department, entered November 27, 1911, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer.

1Per curiam

The question elaborately discussed by counsel, whether under the Labor Law an employer is an absolute insurer of the safety of a scaffold, is not presented by the record.

At the close of the main charge, when there was perhaps some uncertainty as to what had been said on the subject by the court, counsel for the defendant requested the court to charge “that the defendant was not an insurer as to the safety of the plaintiff by reason of section 18 of the Labor Law.” The court responded: “ Well, I charge that he was bound to furnish a suitable and proper cage or scaffolding. ” Counsel for the…

2Cited by3 opinions

  1. Duncan v. Twin Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 1954
  2. Urgo v. Coles & Co.Appellate Division of the Supreme Court of the State of New York · 1929
  3. Amberg v. . KinleyNew York Court of Appeals · 1915

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API