Miller v. Levering & Garrigues Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Harry H. Miller, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of.
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Appeal by the plaintiff, Harry H. Miller, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of. New York on the 23d day of December, 1910, affirming a judgment of the City Court of the city of New York in favor of the defendant, entered on the 10th day of May, 1910, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case,' and also affirming an order of said City Court, entered on the 12th day of May, 1910, denying the plaintiff’s motion for a new trial made upon the minutes.
1Dissent
McLaughlin, J. (dissenting):
The plaintiff, on the 21st of October, 1909, was in the employ of the Andrew J. Eobinson Company, which had a genera] contract for the construction of a building at the southeast corner of Fourth avenue and Twenty-seventh street in the city of blew York. It had sublet to the defendant in this action the structural ironwork on the building. The brickwork had been carried to the seventh floor, and on the day in question the plaintiff was at work on a swinging scaffold outside of the building, laying brick, when he was struck on the head and injured by an iron bolt…
2Cases cited4 opinions
- Wolf v. . American Tract SocietyNew York Court of Appeals · 1900
- Jack v. McCabeAppellate Division of the Supreme Court of the State of New York · 1900
- O'Rourke v. Guy B. Waite Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Wurthlee v. Concrete Steel & Tile Construction Co.Appellate Terms of the Supreme Court of New York · 1907