Maxwell v. G. H. Peters Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff from a judgment of the Supreme Court, entered in the office of the clerk of the county of Erie on the 2d day of July, 1914, dismissing the plaintiff’s complaint. Judgment affirmed, with costs. All concurred, except Kruse, P. J., who dissented in a memorandum.
1Dissent
Kruse, P. J. (dissenting):
The plaintiff’s intestate, a roofer and slater, while at work upon the roof of a church in the city of Buffalo, was precipitated to the ground, falling a distance of about thirty feet, eventually resulting in his death. His fall was caused by the giving way of the scaffold upon which he was working. The scaffold consisted of a plank or two laid upon three triangular brackets, resting upon the roof, so placed that the upper sides of the brackets, upon which the plank was laid, were horizontal or level. The scaffold was held in place by a rope attached to each bracket…
2Cases cited9 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Quigley v. . ThatcherNew York Court of Appeals · 1912
- Blake v. . FerrisNew York Court of Appeals · 1851
- Caddy v. . Interborough Rapid Transit Co.New York Court of Appeals · 1909
- Smith v. Variety Iron & Steel Works Co.Appellate Division of the Supreme Court of the State of New York · 1911
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