Galbraith v. John B. Pike & Son, Inc.
Appellate Division of the Supreme Court of the State of New York
1Per curiam
The trial court erred in dismissing the complaint at the close of the plaintiff’s case. The evidence established a prima facie case against the defendant Drew, both under section 240 of the Labor Law and under common-law principles, and it also established a prima facie case against the defendant Pike at common law.
The action had been brought by the plaintiff as administratrix of the estate of Frank Galbraith for the wrongful causing of his death. On April 12, 1961, the decedent had fallen to his death from a scaffold on which he was working as a painter in the pilot room of a research plant…
2Cases cited5 opinions
- Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948
- Quigley v. . ThatcherNew York Court of Appeals · 1912
- McGlone v. William Angus, Inc.New York Court of Appeals · 1928
- Glass v. Gens-Jarboe, Inc.New York Court of Appeals · 1954
- Glass v. Gens-Jarboe, Inc.Appellate Division of the Supreme Court of the State of New York · 1952
3Cited by7 opinions
- Rimoldi v. SchanzerAppellate Division of the Supreme Court of the State of New York · 1989
- Reyes v. SilfiesAppellate Division of the Supreme Court of the State of New York · 1990
- Balma v. Tidewater Oil CompanySupreme Court of Delaware · 1965
- Snyder v. KramerAppellate Division of the Supreme Court of the State of New York · 1983
- Sofia v. CarlucciAppellate Division of the Supreme Court of the State of New York · 1986
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