Heller v. Donellan
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Oity Court of the city of Hew York, in favor of the plaintiff in an action to recover damages for personal injuries, and also from an order denying a motion for a new trial.
1Opinion of the CourtFitzgerald, J.
Plaintiff a carpenter employed by an independent contractor upon a building in course of construction brings this action against defendant, the owner of the building for damages for injuries resulting from the fall of a number of bricks upon him while he was in the act of descending by means of a ladder, causing him to fall off the ladder and into the basement. The chief issue of fact upon the testimony was whether the defendant was in charge of *356the bricklayers or not. It seems that an independent contractor also had been doing the brick work, but it was claimed that the latter had finished…
2Cases cited1 opinion
- Zboynski v. Brooklyn City RailroadNew York City Court · 1894
3Cited by1 opinion
- De La Mar v. HerdeleyCourt of Appeals for the Second Circuit · 1907