Feldman v. Robert E. Mackay Co.
Appellate Division of the Supreme Court of the State of New York
Appeal, by the plaintiff, Elias Feldman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 2d day of February, 1916, upon a dismissal of the complaint by direction of the court at the close of the plaintiff’s case, and also from an order entered in said clerk’s office on the 9th day of February, 1916, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Carr, J.:
The plaintiff, a journeyman painter, employed by the defendant, was injured while at work painting a wall on the top floor of the Biltmore Hotel building, then under construction. He was working in the hallway. A structure had been rigged for his use against the wall which was being painted. This structure consisted of two stepladders, one longer than the other. The longer one rested on the steps of a flight of stairs, and the. shorter one upon the floor of the hallway. Across the tops of these stepladders was laid a plank, and upon this plank was placed an ordinary ladder, with its…
2Cases cited5 opinions
- Schapp v. . BloomerNew York Court of Appeals · 1905
- Grady v. National Conduit & Cable Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Warren v. Post & McCordAppellate Division of the Supreme Court of the State of New York · 1908
- Fallon v. MertzAppellate Division of the Supreme Court of the State of New York · 1906
- Warren v. . Post McCordNew York Court of Appeals · 1910
3Cited by1 opinion
- Malloy v. Marshall-Wells Hardware Co.Oregon Supreme Court · 1918