Hannigan v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Patrick Hannigan against Jeremiah T. Smith. From a judgment of nonsuit, and an order denying a motion for a new trial, plaintiff appeals. Affirmed. The plaintiff was a hod carrier in the employ of the defendant, and seeks in this action to recover damages for personal injuries received while so employed, working on a building in East Twenty-Third street which the defendant was reconstructing.
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Appeal from trial term, New York county. Action by Patrick Hannigan against Jeremiah T. Smith. From a judgment of nonsuit, and an order denying a motion for a new trial, plaintiff appeals. Affirmed. The plaintiff was a hod carrier in the employ of the defendant, and seeks in this action to recover damages for personal injuries received while so employed, working on a building in East Twenty-Third street which the defendant was reconstructing. The injury was caused by a piece of brick falling down between the floor beams, which were left uncovered and unprotected; and the negligence charged…
1Opinion of the CourtO'Brien, J.
Upon the evidence in this case, it was for the jury to determine whether the defendant was guilty of negligence. The reál question is whether the plaintiff was himself negligent, or whether he had presented facts from which the jury might infer that he was free from contributory negligence. That the place where the plaintiff was engaged at work was obviously dangerous is not disputed, for the plaintiff testified that he saw and knew it was dangerous, and made complaint thereof, as did the other workmen, to the foreman, and that it was only as the result of promises held, out that the danger…
2Cases cited1 opinion
- Siedentop v. BuseAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Baumwald v. TrenkmanAppellate Terms of the Supreme Court of New York · 1904