Legal Opinion · Concurrence

Roth v. G. A. Feld Co.

Appellate Terms of the Supreme Court of New York

Decided May 15, 1908Published

Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of Mew York, twelfth district, borough of Manhattan.

1Concurrence

Giegerich, J. (concurring).

The plaintiff, a plumber, went to the defendant’s premises to purchase a piece of pipe to be used in making a water back for a range and, upon the invitation of Mr. Feld, to whom the order was given, he went to the top floor to get it, the building being about four stories high. He got the pipe and was coming down the flight from the second story to the ground floor; on the landing there was a large spike projecting, over which he tripped, cutting his hand, and has not been able to do any work since. The plaintiff further testified that there was no light at the…

2Cases cited1 opinion

  1. Bayley v. Curtis Bros. Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1908

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