Legal Opinion

Lorenzo v. Faillace

Appellate Division of the Supreme Court of the State of New York

Decided April 23, 1909PublishedCited by 4 opinions

Appeal by the defendants, Antonio S. Faillace and another, from a judgment of the County Court of Westchester county in favor of the plaintiff, entered in the office of the clerk of said county on the 14th day of January, 1908, upon the verdict- of a jury for $550, and also from an order entered in said clerk’s office on the same day, denying the defendants’ motion for a new trial made upon the minutes. "

1Opinion of the Court

Burr, J.:

We think that the motion made at the close of the case to direct a verdict in favor of the defendants should have been granted. The action was brought to recover damages for personal injuries sustained through the fall of a scaffold upon which plaintiff was at work and which had been constructed by.defendants’ servants to be used in' connection with the erection of a building. The plaintiff proved that a crosspiece which ran from an upright post to the top of the wall and upon which the boards of the scaffold were placed, broke in the center and the scaffold fell and he sustained…

2Cases cited5 opinions

  1. Stewart v. . FergusonNew York Court of Appeals · 1900
  2. Cunningham v. . DadyNew York Court of Appeals · 1908
  3. Cummings v. KennyAppellate Division of the Supreme Court of the State of New York · 1904
  4. Stewart v. FergusonAppellate Division of the Supreme Court of the State of New York · 1900
  5. Pettersen v. Rahtjen's American Composition Co.Appellate Division of the Supreme Court of the State of New York · 1908

3Cited by4 opinions

  1. Alston v. Golub Corp.Appellate Division of the Supreme Court of the State of New York · 1987
  2. Baum v. Morse Dry Dock & Repair Co.Appellate Division of the Supreme Court of the State of New York · 1913
  3. Rolfsen v. MathisenAppellate Division of the Supreme Court of the State of New York · 1913
  4. Smith v. RussellAppellate Division of the Supreme Court of the State of New York · 1916

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