Tierney v. Vunck
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William L. Yunck, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office-, of the clerk of the county of Kings on the 14th day of November,. 1903, upon the verdict of a jury for $750, and also from an order-entered in said clerk’s office on the 16th day of November, 1903, denying the defendant’s motion for a new trial made upon the> minutes.
1Opinion of the Court
HipvSchberg, P. J.:
The plaintiff has obtained a small verdict for personal injuries; received from the breaking of a scaffold on which he was working in the defendant’s employment on January 16, 1901. His work was to carry brick and mortar to masons who were engaged in building a chimney in the construction of a Queen Anne cottage. The chimney was nearly finished, the scaffold in question being near the top of it. The scaffold lacked one plank and the plaintiff was directed to bring up One — he says the only one which was left for that purpose — and to place it upon the supports. He did so,…
2Cases cited2 opinions
- Stewart v. . FergusonNew York Court of Appeals · 1900
- McLaughlin v. EidlitzAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Madden v. HughesAppellate Division of the Supreme Court of the State of New York · 1905
- Welk v. Jackson Architectural Iron WorksAppellate Division of the Supreme Court of the State of New York · 1904
- Convey v. FinnAppellate Division of the Supreme Court of the State of New York · 1909