Hatton v. Hilton Bridge Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Timothy A. Hatton, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of .the county- of Albany on the Ith day of December, 1898, upon the dismissal of the complaint by direction of the court after a trial at the Albany Trial Term. The defendant was employed to place a skylight over the Senate ¿taircase in the Capitol at Albany.: It was necessary to build first .a temporary scaffold.
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Appeal by the plaintiff, Timothy A. Hatton, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of .the county- of Albany on the Ith day of December, 1898, upon the dismissal of the complaint by direction of the court after a trial at the Albany Trial Term. The defendant was employed to place a skylight over the Senate ¿taircase in the Capitol at Albany.: It was necessary to build first .a temporary scaffold. Its president, a skilled and experienced engineer, in conjunction with its chief ¡draughtsman, after consultation, devised plans for the…
1Opinion of the Court
Putnam, -J.:
A master owes to 1ns servant thq duty of furnishing a safe place-in which to prosecute his work, and "adequate and suitable tools, implements and appliances therefor, and this duty cannot be delegated to any servant of whatever grade, so as to exempt the master from liability to a servant injured by its non-performance. (Pantzar v. Tilly Foster Iron Mining. Co., 99 N. Y. 368; Laning v. N. Y. C. R. R. Co., 49 id. 521, 532; Corcoran v. Holbrook, 59 id. 517.)
In the performance of -this duty;, care and caution to protect the-servant are required óf the master, and a proper inspection,…
2Cases cited12 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Cullen v. . NortonNew York Court of Appeals · 1891
- Cregan v. . MarstonNew York Court of Appeals · 1891
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ferraro v. TerrenceAppellate Division of the Supreme Court of the State of New York · 1919