Berthelson v. Gabler
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Carl G. Berthelson, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 29tli day of November, 1904, setting aside a verdict in favor of. the plaintiff as contrary to law and against the weight of-evidence and granting a new trial.
1Opinion of the Court
Per Curiam :
■ The plaintiff was injured by the fall of a scaffold upon which he was at work for the defendant. The scaffold was actually constructed by1 the plaintiff and his fellow-workmen, all of whom were in the defendant’s service.- The evidence leaves no doubt' that, as originally constructed, the scaffold was safe for the use of the persons employed upon it. The structure was rendered unsafe by the subsequent removal, in part or in whole, of a brick pier- forming a portion of the building under repair. This brick pier gave some support to a joist which formed a part of the scaffoldand…
2Cases cited1 opinion
- Walters v. George A. Fuller Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Claytor v. Wilmot & Cassidy, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
- Bower v. Holbrook, Cabot & Rollins Corp.Appellate Division of the Supreme Court of the State of New York · 1908