Kennedy v. New York Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Telephone Company, from a judgment of the Supreme Court in favor of the plain tiff, entered in the office of the clerk of the county of New York on the 7th day of November, 1907, upon the verdict of a jury for $9,000, and also from an order entered in said clerk’s office on the 11th day of November, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Houghton, J.:
The plaintiff’s intestate was employed by the defendant as a painter in a building under construction by it. Shortly before the accident resulting in his death, he and a companion were directed by the foreman of defendant to find a stepladder for use in painting a hallway. Several ladders were furnished by defendant but all were in use except two which appear to have been laid aside. The deceased selected the better one and showed it to the superintendent and complained to him that it was not in good repair, but was directed by the superintendent to use it. The ladder was an…
2Cases cited6 opinions
- Irish v. Union Bag & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Barry v. Derby Desk Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Whitman v. Inhabitants of GrovelandMassachusetts Supreme Judicial Court · 1881
- Dalton v. City of SalemMassachusetts Supreme Judicial Court · 1881
- Irish v. . Union Bag and Paper CompanyNew York Court of Appeals · 1905
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3Cited by3 opinions
- Bertolami v. United Enginering & Contracting Co.New York Court of Appeals · 1910
- Hurley v. OlcottAppellate Division of the Supreme Court of the State of New York · 1909
- Broadbent v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1911