Jeffrey v. H. W. Miller, Inc.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 7, 1915, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to dismiss the plaintiffs’ complaint.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 7, 1915, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to dismiss the plaintiffs’ complaint. (Stewart v. Ferguson, 164 N. Y. 555; Quigley v. Thatcher, 207 N. Y. 66; Bohnoff v. Fischer, 210 N. Y. 172; Caddy v. I. R. T. Co., 195 N. Y. 415; Starrier v. Hosier, 221 N. Y. 237; Feldman v. Mackay Co., 174 App. Div.…
1Opinion of the CourtPound, J.
This is an action for personal injuries received by the plaintiff by reason of the collapse and fall of a scaffold. The plaintiff was an experienced plasterer in the employ of the defendant. A loft, or office building, was being constructed and the defendant was doing the plastering. The plaintiff commenced work on this building on the morning of the day of the accident. He was accompanied by Kennedy, another plasterer, who worked with him during the day. In order to do their work the plasterers were obliged to employ scaffolds which were made out of horses and scaffold planks which were…
2Cases cited5 opinions
- Butler v. . TownsendNew York Court of Appeals · 1891
- Caddy v. . Interborough Rapid Transit Co.New York Court of Appeals · 1909
- Schapp v. . BloomerNew York Court of Appeals · 1905
- Bohnhoff v. . FischerNew York Court of Appeals · 1914
- Storrier v. . Mosier SummersNew York Court of Appeals · 1917
3Cited by1 opinion
- Cole v. Long Island Lighting Co.New York Supreme Court · 1959