Cooney v. Central Dredging Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Cooney, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Warren on the 2d day of June, 1911, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Warren Trial Term.
1Opinion of the Court
Kellogg, J. :
From the evidence the jury would have been justified in finding that the plaintiff was injured by falling or jumping from a ladder placed against the defendant’s dredge. The ladder was about twelve feet long, securely made. One end rested on the top of the dredge; the other upon the ground about six feet from the dredge. The ground was uneven, sloping lengthwise the dredge, so that while one foot of the ladder rested upon the ground the other would not touch the ground, and to secure it a block about fifteen inches long arid three inches thick and six inches wide was placed under…
2Cases cited1 opinion
- Kelly v. National Starch Co.Appellate Division of the Supreme Court of the State of New York · 1911