Jack v. McCabe
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Grace L. McCabe, as administratrix, etc., of Lawrence McCabe, deceased, and another, 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 3d day of July, 1900, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 2d day of July, 1900, denying the defendants’ motion for a new trial made upon the minutes.
1Dissent
Hatch, J. (dissenting):
As I view this ease, it is established that the defendants erected the front walls of the building and built the scaffolding for that purpose. The boy was injured by a falling brick which came bounding down the scaffold into the street where he was at- play. The only point upon which there is serious disagreement relates to the responsibility of the defendants for the act. The contention is that it is not shown that, either through themselves or their agents, they caused the brick to fall. The proof upon this point is that the brick came from the front of the building.…
2Cases cited3 opinions
- Wolf v. . American Tract SocietyNew York Court of Appeals · 1900
- Dohn v. DawsonNew York Supreme Court · 1895
- Dohn v. . DawsonNew York Court of Appeals · 1898