Van Orden v. Acken
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Samuel I. Acken, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 30th day of June, 1897, upon the verdict of a jury, for $2,000, and also from an order entered in said clerk’s office on the 29th day of June, 1897, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
The plaintiff was injured by the falling of a brick in a building under construction, the defendant being the contractor, for putting *161up the brick work. The plaintiff was in this unfinished structure either as an employee of the defendant or upon the defendant’s invitation to come there to work. The plaintiff knew of the condition of the building. In the manner in which the case is presented to us it is entirely immaterial whether he was in the actual employment of the defendant or was upon the premises seeking work. In either relation all that could be required of the defendant…
2Cited by3 opinions
- Hogle v. H. H. Franklin Manufacturing Co.New York Supreme Court · 1907
- Witkowski v. George W. Carter & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Holzman v. KatzmanAppellate Terms of the Supreme Court of New York · 1903