Legal Opinion

Stewart v. Ferguson

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 14 opinions

Appeal by the plaintiff, Thomas 0. Stewart, as administrator, etc., -of Andrew 0. Stewart, deceased, from a judgment - of the . Supreme Court in favor of the defendant, entered in the office of the clerk of the county of • ¡New York ..on the 23d day of June, ■1898, upon the dismissal of .his complaint by direction of- the court after a trial at the Hew York Trial Term.

1Opinion of the Court

Rumsey, J.:

The action was brought to recover damages for alleged negligence of the defendant which caused the death of the plaintiff’s intestate. The defendant was a contractor engaged in the construction of a. large building at Hunter’s Point, upon which the plaintiff’s, intestate was working as a bricklayer. The building had progressed until the bricklayers were at work upon.the wall between the sixth and seventh floors. A scaffold had been built at .that point upon which they were standing. While Stewart was engaged in his work there,, the scaffold gave way and he fell through five floors…

2Cases cited3 opinions

  1. Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
  2. Butler v. . TownsendNew York Court of Appeals · 1891
  3. McCone v. GallagherAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by14 opinions

  1. Clark v. DoolittleAppellate Division of the Supreme Court of the State of New York · 1923
  2. McLaughlin v. EidlitzAppellate Division of the Supreme Court of the State of New York · 1900
  3. Wingert v. KrakauerAppellate Division of the Supreme Court of the State of New York · 1902
  4. Phœnix Bridge Co. v. CastleberryCourt of Appeals for the Fourth Circuit · 1904
  5. Cole v. Long Island Lighting Co.New York Supreme Court · 1959

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