Legal Opinion

Ryan v. Irons

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1906PublishedCited by 7 opinions

Appeal by the defendant, George H. Toop, from a judgment of ' the Supreme Court in part in favor of the plaintiff (the complaint having been dismissed as to the defendants Irons and Todd), entered in the office of the clerk of the county of Hew York on the 6th day of December, 1905, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 5th day of December, 1905, denying the said defendant’s motion for a new trial made upon the…

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Appeal by the defendant, George H. Toop, from a judgment of ' the Supreme Court in part in favor of the plaintiff (the complaint having been dismissed as to the defendants Irons and Todd), entered in the office of the clerk of the county of Hew York on the 6th day of December, 1905, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 5th day of December, 1905, denying the said defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Houghton, J.:

The defendant Toop was the contractor for the iron work, including stairways, for a hotel in the city of Hew York, in process of erection. The plaintiff was in the employ of one who had the plastering contract for the same building.

The defendant had erected the iron stringers and risers of the stairway, and had put in position, but not bolted, the sheet iron treads upon which, when finished, the stone treads were to be placed. These sheet iron treads were not intended to walk upon, but were for the purpose of protecting the stone treads from fire underneath, and before the stone…

2Cited by7 opinions

  1. Pettyjohn & Sons v. BashamSupreme Court of Virginia · 1919
  2. Fountain v. Willard-Slater Co.California Supreme Court · 1916
  3. McDonough v. ToopAppellate Division of the Supreme Court of the State of New York · 1907
  4. Brady v. Claremont Iron Works, Inc.Appellate Division of the Supreme Court of the State of New York · 1919
  5. Brady v. Claremont Iron Works, Inc.Appellate Division of the Supreme Court of the State of New York · 1919

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