Ryan v. Miller
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the verdict of a jury, and from an order denying a motion for a new trial.
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Appeal from a judgment of this court entered upon the verdict of a jury, and from an order denying a motion for a new trial. The defendant in this action was engaged in the erection of eight houses in the city of New York, and the plaintiff was employed by the defendant as a hod-carrier at said building on the 20th of July, 1881; and on the 22d of July, the foreman of the defendant, with the assistance of one William Lane, another hod-carrier, made a ladder of certain dimensions, which was to be used by the hod-carriers in going up from the parlor story to the story above. The ladder rested…
1Opinion of the CourtVatt Brunt, J.
[After stating the facts as above.]— The appellant claims that the damages are too remote, and *79cites various cases in support of this proposition; but I fail to see the application of aiw one of those cases. If the defendant’s servants were guilty of negligence in the construction of this ladder, that negligence was the immediate cause of the - accident which happened to the plaintiff, and it was not the person falling who can he said to be the only immediate cause of the injury.
As well might it be said that if A, in assaulting B, strikes him and knocks him with such force that B knocks C…
2Cases cited1 opinion
- Clarke v. . LeuppNew York Court of Appeals · 1882
3Cited by3 opinions
- Schalscha v. Third Avenue RailroadAppellate Terms of the Supreme Court of New York · 1897
- Connelly v. RistNew York Supreme Court · 1897
- Flynn v. HarlowThe Superior Court of New York City · 1892