Legal Opinion

McCone v. Gallagher

Appellate Division of the Supreme Court of the State of New York

Decided April 9, 1897PublishedCited by 6 opinions

Appeal from trial term, New York county. Action by Alexander "C. McCone against Patrick Gallagher for personal injuries. The complaint was dismissed, and plaintiff appeals. Affirmed.

1Opinion of the CourtIngraham, J.

When the plaintiff rested, the court dismissed the complaint, and the correctness of that ruling is challenged upon this appeal. The plaintiff, a carpenter in the employ of the defendant, who was engaged in the erection of an armory in the city of New York, was injured by the fall of a scaffold while engaged in working upon the armory. The fall was occasioned by the breaking of a timber used to support the scaffold. The plaintiff fell to the floor, and received severe injuries.

The liability of employers for injuries sustained by their employés in consequence of the insufficient erection or…

2Cases cited6 opinions

  1. Butler v. . TownsendNew York Court of Appeals · 1891
  2. Fuller v. . JewettNew York Court of Appeals · 1880
  3. Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
  4. Kimmer v. . WeberNew York Court of Appeals · 1897
  5. Bryer v. FoersterAppellate Division of the Supreme Court of the State of New York · 1896

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Metzler v. McKenzieWashington Supreme Court · 1904
  2. Swanson v. Schmidt-Gulack Elevator Co.North Dakota Supreme Court · 1912
  3. Raines v. Tetley-Klein Lumber Co.Missouri Court of Appeals · 1910
  4. Reynolds v. Virginian Railway Co.West Virginia Supreme Court · 1935
  5. Stewart v. FergusonAppellate Division of the Supreme Court of the State of New York · 1898

1 more not listed; retrieve them via the Exa API.

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