Bishof v. Leahy
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action by George Bishof against Thomas B. Leahy and another for damages for injuries received by plaintiff by being struck by falling material from a building. There was evidence that plaintiff was rendered unconscious by the blow, and that when his head was dressed several stitches were taken in his scalp.
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Appeal from trial term, Kings county. Action by George Bishof against Thomas B. Leahy and another for damages for injuries received by plaintiff by being struck by falling material from a building. There was evidence that plaintiff was rendered unconscious by the blow, and that when his head was dressed several stitches were taken in his scalp. Plaintiff testified that he had violent headaches several times a week, and that he was subject to dizziness, neither of which had he been subject to prior to the accident. He was confined to his bed for two weeks, and to the house three weeks longer.…
1Opinion of the CourtWoodward, J.
This is an action for negligence. The plaintiff was employed to do certain work upon a building on West Forty-Third street, in the city of Rew York, by a contractor independent of the defendants, who were engaged in doing the carpenter and mason work upon the building under separate contracts. While performing this independent labor the plaintiff was injured by the falling of a window frame and a portion of the bricks from the newly-laid wall from an upper story, and the learned court charged the jury that “such a falling from above of these articles upon a man engaged at *343work below naturally…
2Cited by5 opinions
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- Connor v. KochAppellate Division of the Supreme Court of the State of New York · 1901
- Bishof v. LeahyAppellate Division of the Supreme Court of the State of New York · 1900