Caddy v. . Interborough Rapid Transit Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 24, 1908, 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 car upon which plaintiff was working was not a “ structure” within the meaning of the Labor Law.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 24, 1908, 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 car upon which plaintiff was working was not a “ structure” within the meaning of the Labor Law. (State v. Walsh, 43 Minn. 444; Gundling v. Chicago, 176 Ill. 340; Nichols v. State, 127 Ind. 406; Chegaray v. Mayor, etc., 13 N. Y. 220; People…
1Opinion of the CourtWerner, J.
The plaintiff was injured while engaged in repairing one of defendant’s cars in its shop in the borough of Manhattan in the city of Aew York. The car was forty-seven feet long, eight feet six inches wide and sixteen feet high. It was “ jacked up ” about six feet above the floor so that its height over all was about twenty-two feet. Around the car there had been placed a staging consisting of “ painters’ horses ” constructed like ladders with rungs about twelve inches apart. Upon these “ horses ” were placed planks about eight feet above the floor. The plaintiff was standing at work upon a…
2Cases cited8 opinions
- Butler v. . TownsendNew York Court of Appeals · 1891
- Stewart v. . FergusonNew York Court of Appeals · 1900
- Kimmer v. . WeberNew York Court of Appeals · 1897
- Schapp v. . BloomerNew York Court of Appeals · 1905
- Chaffee v. Union Dry Dock Co.Appellate Division of the Supreme Court of the State of New York · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
- Lombardi v. StoutNew York Court of Appeals · 1992
- Smith v. Shell Oil Co.New York Court of Appeals · 1995
- Farley v. Marion Power Shovel Co.Illinois Supreme Court · 1975
- Lewis-Moors v. Contel of New York, Inc.New York Court of Appeals · 1991
- Koepp v. National Enameling & Stamping Co.Wisconsin Supreme Court · 1912
90 more not listed; retrieve them via the Exa API.