Riley v. McNulty

Gaynor, J..:. The plaintiff was hurt by the fal-1 of a scaffold erected by the defendant, his. employer, for the plaintiff to work on. Counsel for the defendant argues that the complaint was insufficient to-enable the plaintiff to recover for the furnishing of an unsafe scaffold, which section 18 of the Labor Law -forbids, because it did not plead the said statute and allege a violation of it. It was not’ necessary to do so. The complaint alleged thatthe scaffold was of unsafe material and also unsafely constructed, and that sufficed. That the liability of the employer is created or enlarged…