Lyles v. . Terry Tench Co.
New York Court of Appeals
Appeal from a judgment, entered May 13, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. Pending the appeal to this court, the original plaintiff died, and his administratrix was substituted. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered May 13, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. Pending the appeal to this court, the original plaintiff died, and his administratrix was substituted. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court was right in allowing plaintiff’s counsel to cross-examine his own witness on new matter brought out by the defendant’s attorney on…
1Opinion of the CourtCardozo, J.
The plaintiff, an ironwroker, employed in the construction of the Hotel Biltmore in the city of New York, found it necessary to go from one end of the building to the other, to get some bolts. He walked over planking, laid upon the steel framework of the fourteenth floor, until he came to an obstruction. The obstruction was a pile of steel beams which had been thrown across his path. He climbed over the beams, and in so doing, was injured. The jury found by their verdict that no planking sufficient to supply a pathway of reasonable safety, had been placed on either side of the obstruction.…
2Cases cited6 opinions
- Nowack v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Drummond v. Alfred E. Norton Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Nappa v. . Erie R.R. Co.New York Court of Appeals · 1909
- Drummond v. . Alfred E. Norton CompanyNew York Court of Appeals · 1914
- Lacs v. . Everard's BreweriesNew York Court of Appeals · 1902
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3Cited by5 opinions
- Walters v. Rao Electrical Equipment Co.New York Court of Appeals · 1942
- Employers' Liability Assurance Corp., Ltd., of London v. Post & McCord, Inc.New York Court of Appeals · 1941
- Olsommer v. George W. Walker & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1957
- Zuco v. FuntNew York Court of Appeals · 1944
- Martin v. Siegfried Construction Co.Appellate Division of the Supreme Court of the State of New York · 1962