Crebarry v. National Transit Co.
New York Supreme Court
Appeal from circuit court, Cattaraugus county. Action by Joseph Crebarry against the National Transit Company to recover damages for personal injuries. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, made on the minutes of the court, defendant appeals. Reversed.
1Opinion of the CourtDwight, P. J.
The action was for a bodily injury sustained by the plaintiff, in falling from a scaffold on which he was at work for the defendant. He charges negligence to the defendant in the construction of the scaffold. The work in wThich the plaintiff was employed was in “cutting down” oil tanks. These structures, some of them 90 feet in diameter, are composed of sheets of boiler iron, from 4 to 5 feet wide, riveted together in rings or rows, one on top of another, to the height of from 25 to 30 feet. To cut them down, the rivet heads, on the inside of the tank, are cut off, or so reduced in size as to…
2Cases cited2 opinions
- Smith v. . Aetna Life Insurance Co.New York Court of Appeals · 1872
- Adsit v. Wilson & ChamberlainNew York Supreme Court · 1852
3Cited by3 opinions
- Babcock Bros. Lumber Co. v. JohnsonSupreme Court of Georgia · 1904
- Kentucky Wagon Manufacturing Co. v. GossettCourt of Appeals of Kentucky · 1911
- Kreye v. Longville Long Leaf Lumber Co.Supreme Court of Louisiana · 1910