O'Rourke v. Guy B. Waite Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Michael O’Rourke, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 18th day of December, 1907, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Hew York Trial Term.
1Opinion of the Court
Scott, J.:
Plaintiff appeals from'a judgment dismissing his complaint.
The plaintiff was a bricklayer engaged in work upon a building on Riverside drive in the city of New York. He was working on the basement floor laying brick in a bay window at the front of the building. The defendant was a contractor engaged in laying concrete floors upon an upper story. The story upon which defendant’s men were working was boarded over, but the boarding did not extend over the bay window in, which plaintiff was working. In putting in the concrete flooring defendant used short pieces of iron, described in…
2Cases cited1 opinion
- Wolf v. . American Tract SocietyNew York Court of Appeals · 1900
3Cited by4 opinions
- Anderson v. McNulty Bros.Appellate Division of the Supreme Court of the State of New York · 1912
- Fleming v. Arr-em Plastering Corp.Appellate Division of the Supreme Court of the State of New York · 1972
- Miller v. Levering & Garrigues Co.Appellate Division of the Supreme Court of the State of New York · 1911
- O'Rourke v. Guy B. Waite Co.Appellate Division of the Supreme Court of the State of New York · 1909