Jenks v. . Thompson
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 23, 1903, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The learned trial court committed no error in dismissing the complaint. The risk was obvious and was assumed by the plaintiff.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 23, 1903, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The learned trial court committed no error in dismissing the complaint. The risk was obvious and was assumed by the plaintiff. (Knisley v. Pratt, 148 N. Y. 372; Shaw v. Sheldon, 103 N. Y. 667; Anthony v. Leeret, 105 N. Y. 591; Hickey v. Taaffe, 105…
1Opinion of the CourtMartin, J.
This action was for personal injuries alleged to have been sustained by the plaintiff’s falling from an unsafe scaffold furnished for his use by the defendant in whose employ he was at the time. He was a carpenter employed by the defendant in and about the erection of a hotel at Round Island Park, and was required in the course of his eftiployment to shingle on the outside of the structure. To do this he had to stand upon a scaffold on the outside" of the building, from twenty-five to twenty-eight feet from the ground, made of three hemlock boards seven-eighths of an inch in thickness. Two…
2Cases cited21 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Dougherty v. . MillikenNew York Court of Appeals · 1900
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Knisley v. . PrattNew York Court of Appeals · 1896
16 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Gombert v. . McKayNew York Court of Appeals · 1911
- Madden v. HughesAppellate Division of the Supreme Court of the State of New York · 1905
- Wolfe v. Mosler Safe Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Burns v. CrowAppellate Division of the Supreme Court of the State of New York · 1908
- Dixon v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1910
11 more not listed; retrieve them via the Exa API.