Devlin v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 12, 1881, which affirmed a judgment entered upon an order dismissing plaintiff’s complaint on trial. (Reported below, 25 Hun, 206.) This action was brought to recover damages for alleged negligence, causing the death of Hugh Devlin, plaintiff’s intestate.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 12, 1881, which affirmed a judgment entered upon an order dismissing plaintiff’s complaint on trial. (Reported below, 25 Hun, 206.) This action was brought to recover damages for alleged negligence, causing the death of Hugh Devlin, plaintiff’s intestate. Defendant Smith entered into a contract with the supervisors of the county of Kings, by which he agreed to paint the inside of the dome of the court-house in that county. Smith was not a scaffold-builder, and…
1Opinion of the CourtRapallo, J.
Upon a careful review of all the testimony in this case, we are of opinion that there was sufficient evidence to require the submission to the jury of the question, whether the breaking down of the scaffold was attributable to negligence in its construction. It appears that the ledger which supported the plank upon which the deceased was sitting broke down without any excessive weight being put upon it, and without any apparent cause sufficient to break a well-constructed scaffold. One witness on the part of the plaintiff, accustomed to work on scaffolds and to see them built, testified that…
2Cases cited7 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
- Blake v. . FerrisNew York Court of Appeals · 1851
- Fuller v. . JewettNew York Court of Appeals · 1880
- Loop v. . LitchfieldNew York Court of Appeals · 1870
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3Cited by164 opinions
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- Ossining Union Free School District v. AndersonNew York Court of Appeals · 1989
- Morningstar v. Black & Decker Manufacturing Co.West Virginia Supreme Court · 1979
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