Caddy v. Interborough Rapid Transit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William IT. Cadc|y, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 26th day of June, 1907, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Miller, J.:
This is a master and servant negligence case.' The complaint was dismissed at the close of the case. The plaintiff was a carpenter, and at the time of the accident was engaged in repairing one of the defendant’s cars, in its repair shop. The car was forty-seven feet long, eight feet six inches wide, and in the position in which it was placed for repairs its roof was sixteen feet from the shop floor. A staging or scaffolding consisting of single planks resting on the rungs of painters’ ladders was constructed on three sides of the car. The plaintiff, who had nothing to do with the…
2Cases cited5 opinions
- Schapp v. . BloomerNew York Court of Appeals · 1905
- Chaffee v. Union Dry Dock Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Williams v. First National Bank of UticaAppellate Division of the Supreme Court of the State of New York · 1907
- Stokes v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1906
- Sutherland v. AmmannAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Stevens v. Stanton Construction Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Bower v. Holbrook, Cabot & Rollins Corp.Appellate Division of the Supreme Court of the State of New York · 1908