Iesief v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Peter Iesief, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 27th day of January, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Onondaga Trial Term.
1Opinion of the Court
Williams, J.:
The judgment should be reversed and a new trial granted, with costs to appellant to abide event.
The action was to recover damages for personal injuries alleged to have been caused by the negligence of the defendant. The evidence given by the plaintiff on the trial tended to show that the plaintiff was working for the defendant in unloading cars into a coal pit, and while so engaged a plank fell from a scaffold above upon him and caused the injuries for which the action was brought. The scaffold had been built on the day of, and some hours before, the accident. There was no direct…
2Cases cited2 opinions
- Stewart v. . FergusonNew York Court of Appeals · 1900
- Fogarty v. BogartAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Brady v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912