O'Neil v. Manufacturers' Automatic Sprinkler Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Manufacturers’ Automatic Sprinkler Company, 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 5th day of May, 1910, upon the verdict of a jury for $17,000, and also from an order entered in said clerk’s office on the 26th day of May, 1910, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Manufacturers’ Automatic Sprinkler Company, 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 5th day of May, 1910, upon the verdict of a jury for $17,000, and also from an order entered in said clerk’s office on the 26th day of May, 1910, denying the defendant’s motion for a new trial made upon the minutes. Among other things the court charged the jury that the scaffold under the law was required to bear four times the weight which plaintiff said he put upon it, and it having fallen,…
1Opinion of the Court
Jenks, P. J.:
This action is by servant against master for negligence whereby a scaffold fell and brought the servant down with it. The fall was caused by the break of a joist of wood 16 or 18 feet long and 4 inches by 4 inches. An examination of it after the accident showed that it was cross-grained at such an angle that the grain passed from one side to the other in a space of 3 feet. There was also shown an old crack along this grain, extending into the thickness of the wood to an extent variously estimated by witnesses from !■§■ to 3 inches. There is evidence that this defect weakened the…
2Cases cited5 opinions
- Stewart v. . FergusonNew York Court of Appeals · 1900
- Kleps v. . Bristol Manufacturing CompanyNew York Court of Appeals · 1907
- Cunningham v. Sicilian Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Flanagan v. F. W. Carlin Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Swenson v. Wilson & Baillie Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- Grady v. National Conduit & Cable Co.Appellate Division of the Supreme Court of the State of New York · 1912
- United States Trust Co. v. FrelinghuysenAppellate Division of the Supreme Court of the State of New York · 1941