Welk v. Jackson Architectural Iron Works
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Jackson Architectural Don Works, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 5th day of January, 1904, upon the verdict of a jury for $9,000, and also from an order entered in said clerk’s office on the 12th day of January, 1904, denying the said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jerks, J.:
The action is by servant against master for negligence. The master was putting up an iron and steel building, and a structure upon which the servant was working sagged or canted so that the servant lost his balance and fell from the height of four or five stories. The jury found for the plaintiff and the defendant appeals. The case was tried on the theory that the master was liable under section 18 of the Labor Law.
I think that the structure was a scaffolding within the purview of this section. Perpendicular columns had been set up, and the structure was a beam of timber fifteen or…
2Cases cited3 opinions
- Stewart v. . FergusonNew York Court of Appeals · 1900
- Wingert v. KrakauerAppellate Division of the Supreme Court of the State of New York · 1902
- Tierney v. VunckAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by4 opinions
- Swenson v. Wilson & Baillie Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Jones v. GambleAppellate Division of the Supreme Court of the State of New York · 1910
- Sutherland v. AmmannAppellate Division of the Supreme Court of the State of New York · 1906
- Swenson v. Wilson & Baillie Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1905