Rivers v. Sauter

Plaintiff is a painter. Defendant hired him to paint the outside of his frame dwelling house. Plaintiff testified he agreed to paint “ the outside ” of the house, the ‘ wooden frame * * the border, the window frame, and the doorways ”. He was to be paid at an hourly rate.

*262Defendant furnished a ladder on which a rung broke while plaintiff was using it. Plaintiff testified: “ It looked like about six inches broke off, and it was like an old crack in it. ’ ’ Plaintiff was injured.

This action based on section 240 of the Labor Law and on common-law negligence was dismissed at the end of plaintiff’s…