Herman v. P. H. Fitzgibbons Boiler Co.
Appellate Division of the Supreme Court of the State of New York
■ Appeal'by tbe plaintiff, Michael Herman, from a. judgment of the Supreme Court in fayor of the defendant,, entered, in the office of the-clerk of the county of Oswego on the 31st day of October, 1908, upon the dismissal of the complaint by direction ,of the court after a trial at the Oswego Trial Term, certain questions of fact having been submitted.to the jury.
1Opinion of the Court
Kruse, J. :
The plaintiff, a workman in the defendant’s employ, was at work upon a scaffold,- engaged with other workmen in. attaching iron plates to a vessel. The scaffold gave way and the plaintiff was pre*287eipitated to the ground, a distance of about ten or fifteen feet, and hurt. The action is brought to recover for his personal injuries.
The scaffold was built, by placing two rows of upright timbers about four feet apart, with cross pieces nailed at both ends to' the uprights. Two planlcs were laid side by side with the ends resting upon the cross pieces,. There were several sections and…
2Cases cited6 opinions
- Smith v. . RyanNew York Court of Appeals · 1908
- Harrison v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1909
- Shaw v. WebberNew York Supreme Court · 1894
- Faith v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Faith v. New York Central and Hudson River Rail. Co.New York Court of Appeals · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kahn v. Gates Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Moses v. CarverAppellate Division of the Supreme Court of the State of New York · 1938
- Mysliwiec v. W. Lowenthal Co.Appellate Division of the Supreme Court of the State of New York · 1952
- Skelley v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1937
- Wilcox v. Supreme Council of the Royal ArcanumAppellate Division of the Supreme Court of the State of New York · 1912
5 more not listed; retrieve them via the Exa API.