Legal Opinion

Holzman v. Katzman

Appellate Terms of the Supreme Court of New York

Decided June 22, 1903Published

Appeal from City Court of New York,-Trial Term. Action by Samuel Holzman against John Katzman, impleaded -with others. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Reversed.

1Opinion of the CourtMacLEAN, J.

Assuming the evidence of direction, supervision, and control sufficient to connect the owner of the building- in process of construction as common master of the employés of his codefendants who had agreed to do the mason work, there was neither proof nor contention of the application or violation of the provisions of the labor law (Laws 1897, p. 468, c. 415, § 20, as amended by Laws 1899, p. 351, c. 192), nor does the case disclose the cause of the fall of the bricks in consequence of which the plaintiff sustained his injuries. Under the decision of Van Orden v. Acken, 28 App. Div. 160, 50 N.…

2Cases cited2 opinions

  1. Van Orden v. AckenAppellate Division of the Supreme Court of the State of New York · 1898
  2. Van Orden v. AckenAppellate Division of the Supreme Court of the State of New York · 1898

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