Swain v. Brooklyn Alcatraz Asphalt Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John W. Swain, from a judgment of the . Supreme Court in' favor of the defendant, entered in the office of the clerk of the county of Kings on the 7th day of May, 1900, upon the dismissal of the complaint by direction of the court at the close of ■ the plaintiff’s evidence after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 17th. day of April, 1900, denying the plaintiff’s motion for a new trial…
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Appeal by the plaintiff, John W. Swain, from a judgment of the . Supreme Court in' favor of the defendant, entered in the office of the clerk of the county of Kings on the 7th day of May, 1900, upon the dismissal of the complaint by direction of the court at the close of ■ the plaintiff’s evidence after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 17th. day of April, 1900, denying the plaintiff’s motion for a new trial made upon the minutes. The accident in this case is alleged in the complaint to have occurred on March 20, 1897. The…
1Opinion of the Court
Woodward, J.:
The plaintiff seeks to recover damages for injuries sustained in an accident happening upon the premises of the defendant, upon the ground that “ the said defendant, its agents and servants, carelessly, negligently and unlawfully made and erected an unsafe, defective and dangerous wooden structure or scaffolding upon which the plaintiff, as a carpenter hired and employed by the defendant, was directed by said defendant, its agents and servants, to mount and to do and perform thereon work, labor and services for the defendant.” The complaint further alleges that after mounting…
2Cases cited2 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- McCone v. GallagherAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Rosa v. VolkeningAppellate Division of the Supreme Court of the State of New York · 1901