Bower v. Holbrook, Cabot & Rollins Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Holbrook, Cabot & Rollins Corporation, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 21st day of June, 1907, upon the verdict of a jury for $11,750, and also from an order entered in said clerk’s office on the 27th day of July, 1907, denying the defendant’s motion for a new trial made upon the minutes..
1Opinion of the Court
Miller, J.:
The plaintiff’s intestate while in the employ of the defendant fell from a scaffold and within two hours thereafter died, as the plaintiff asserts, from injuries thus received. She relies on section 18 of the Labor Law (Laws of 1897, chap. 415) to establish liability.
The defendant had a contract to paint the ironwork in the New York city subway. Its men were divided into three gangs, riggers, scrapers and painters. The riggers constructed the scaffolding, the scrapers scraped the iron, and the painters followed and applied the paint. The plaintiff’s intestate was a painter. The…
2Cases cited3 opinions
- Croce v. BuckleyAppellate Division of the Supreme Court of the State of New York · 1906
- Berthelson v. GablerAppellate Division of the Supreme Court of the State of New York · 1906
- Caddy v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1908