Dohn v. Dawson
New York Supreme Court
Appeal from circuit court, New York county. Action Tby John Dohn against John Dawson and William Archer. From a judgment dismissing the complaint, with costs, plaintiff appeals. Reversed. This action was brought to recover damages for a personal injury, caused, it is alleged, by the negligence of the defendants and of their employés.
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Appeal from circuit court, New York county. Action Tby John Dohn against John Dawson and William Archer. From a judgment dismissing the complaint, with costs, plaintiff appeals. Reversed. This action was brought to recover damages for a personal injury, caused, it is alleged, by the negligence of the defendants and of their employés. In May, 1892, the new criminal court building was being erected for the city of New York on the block bounded north by White street, east. by Center •street, south by Franklin street, and west by Elm street. The defendants, as partners under the firm name of…
1Opinion of the CourtFollett, J.
The evidence was quite sufficient to have authorized the jury to find that the plaintiff was injured by a brick which fell from defendants’ scaffold. Connelly, one of defendants’ serv.ants, who was engaged at the time in removing bricks from the lower to the upper platform of the scaffold, testified:
“Q. Do you remember how the accident happened to Mr. Dohn? A. I remember that there was a brick rolled off somewhere or another, but I can’t say whether it came off the scaffold, or where it came off, to be certain, "but the brick rolled off, and we looked through the window, and I saw a man had…
2Cases cited2 opinions
- Jager v. AdamsMassachusetts Supreme Judicial Court · 1877
- Vanderpool v. HussonNew York Supreme Court · 1858
3Cited by2 opinions
- Standard Acc. Ins. Co. v. Pennsylvania Car Co.Court of Appeals of Texas · 1929
- Wolf v. . American Tract SocietyNew York Court of Appeals · 1900