Stewart v. Ferguson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John W. Ferguson, from, a 'judgment, of the Supreme Court in favor of the plaintiff, entered in the office-of the clerk of the county of New York on the 23d day of Februaiy, 1900, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 27th day of February, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rumsey, J.:
This case has been twice heard upon appeal and is reported in 34 Appellate Division, 515, and 44 Appellate Division, 58. We see no reason to change the rules laid down in those opinions, especially as our interpretation of the statute has been adopted by the second department in the case of McAllister v. Ferguson (50 App. Div. 529), where the liability of this defendant was in question for an injury received by another workman by the falling of the same scaffold by which Stewart was killed, and also in the case of McLaughlin v. Eidlitz (50 App. Div. 518).
The uncontradicted…
2Cases cited4 opinions
- Beisiegel v. New York Central RailroadNew York Court of Appeals · 1869
- Solarz v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1894
- McLaughlin v. EidlitzAppellate Division of the Supreme Court of the State of New York · 1900
- McAllister v. FergusonAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by6 opinions
- Cummings v. KennyAppellate Division of the Supreme Court of the State of New York · 1904
- Lorenzo v. FaillaceAppellate Division of the Supreme Court of the State of New York · 1909
- Allen v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Harvey v. McConchieAppellate Division of the Supreme Court of the State of New York · 1902
- Holloway v. McWilliamsAppellate Division of the Supreme Court of the State of New York · 1904
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