McCone v. Gallagher
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alexander 0. McCone, from a judgment of the Court of Common Pleas in and for the city and county of New York in favor of the defendant, entered in the office of the clerk of said court on the 7th day of November, 1895, upon the dis^ missal of his complaint directed by the court after a trial before the court and a jury at a Trial Term of said court, and also from an order entered in said clerk’s office on the 26th day of November, 1895, denying the…
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Appeal by the plaintiff, Alexander 0. McCone, from a judgment of the Court of Common Pleas in and for the city and county of New York in favor of the defendant, entered in the office of the clerk of said court on the 7th day of November, 1895, upon the dis^ missal of his complaint directed by the court after a trial before the court and a jury at a Trial Term of said court, and also from an order entered in said clerk’s office on the 26th day of November, 1895, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
When the plaintiff rested the court dismissed the complaint, and the correctness of that ruling is challenged upon this appeal. The plaintiff, a carpenter, in the employ of the defendant, who was engaged in the erection of an armory in the city of New York, was injured by the fail of a scaffold while engaged- in working upon the armory. The fall was occasioned by the breaking of a timber used to support the scaffold. The plaintiff fell to the floor and received severe injuries.
The liability of employers for injuries sustained by their employees in consequence of the insufficient…
2Cases cited3 opinions
- Fuller v. . JewettNew York Court of Appeals · 1880
- Bryer v. FoersterAppellate Division of the Supreme Court of the State of New York · 1896
- Griffiths v. New Jersey & New York RailroadThe Superior Court of the City of New York and Buffalo · 1894
3Cited by10 opinions
- Stewart v. FergusonAppellate Division of the Supreme Court of the State of New York · 1898
- Phipps v. StateNew York Court of Claims · 1910
- Swanson v. Schmidt-Gulack Elevator Co.North Dakota Supreme Court · 1912
- Reynolds v. Virginian Railway Co.West Virginia Supreme Court · 1935
- Stewart v. FergusonAppellate Division of the Supreme Court of the State of New York · 1898
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