Kiffin v. Wendt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, David Kiffin, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Erie on the 2/Tth day of May, 1898, upon the dismissal of his complaint by direction of the court after a trial at the Erie Trial Term, and also from an order entered in said clerk’s office on the 28th day of April, 1898, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, David Kiffin, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Erie on the 2/Tth day of May, 1898, upon the dismissal of his complaint by direction of the court after a trial at the Erie Trial Term, and also from an order entered in said clerk’s office on the 28th day of April, 1898, denying the plaintiff’s motion for a new trial made upon the minutes. The plaintiff at the time he received the injury of which he complains was in the employ of the defendants as a common laborer. While thus engaged he…
1Opinion of the Court
Adams, J.:
Giving to the plaintiff’s case all the force to which it is entitled, we are nevertheless persuaded that it fails to establish a cause of *231action against the defendants. If the accident which resulted in the plaintiff’s injuries is attributable to any cause other than that of the plaintiff’s own negligence, it was due to the insecure manner in which the ladder, which the plaintiff was using as a means of access to the smokestack, was fastened to the roof.
There is no evidence in the case tending to show that this ladder was placed upon the roof by the defendants’ direction or that…
2Cases cited2 opinions
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- Watts v. BeardAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Schott v. Onondaga County Savings BankAppellate Division of the Supreme Court of the State of New York · 1900
- Warszawski v. McWilliamsAppellate Division of the Supreme Court of the State of New York · 1901
- Knauss v. Webber Construction Co.Appellate Division of the Supreme Court of the State of New York · 1913