Van Orden v. Acken
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by James L. Van Orden against Samuel I. Acken. From a judgment entered on a verdict, and from an order denying a new trial, defendant appeals. Reversed.
1Opinion of the CourtPatterson, J.
The plaintiff was injured by the falling of a brick in a building under construction, the defendant being the contractor for putting up the brickwork. The plaintiff was in this unfinished structure, either as an employé of the defendant, or upon the defendant’s invitation to come there to work. The plaintiff knew of the condition of the building. In the manner in which the case is presented to us, it is entirely immaterial whether he was in the actual employment of the defendant, or was upon the premises seeking work. In either relation, all that could be required of the defendant would be…
2Cited by2 opinions
- Hogle v. H. H. Franklin Manufacturing Co.New York Supreme Court · 1907
- Holzman v. KatzmanAppellate Terms of the Supreme Court of New York · 1903