Cunningham v. Staten Island Rapid Transit Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank A. Cunningham, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Richmond on the 24th day of November, 1913, upon the dismissal of the complaint on the merits by direction of the court at the close of plaintiff’s case.
1Opinion of the Court
Putnam, J.:
Plaintiff, a tinsmith and roofer, had taken down an old gutter on the defendant’s storehouse at Clifton, S. I., and was to replace it with "a new hanging gutter to go up in twenty-foot lengths. He had brought from the tinsmith’s shop one ladder joined in three sections, the end rungs going into connecting grooves or sockets. Plaintiff, who had only this ladder which he had turned over to his helper, went around to the other side of the storehouse and asked from Mr. Ooppinger, a painter there, to borrow the ladder on which Mr. Ooppinger was standing. Mr. Ooppinger obligingly came…
2Cases cited2 opinions
- McKay v. HandMassachusetts Supreme Judicial Court · 1897
- Heiser v. . Cincinnati Abattoir Co.New York Court of Appeals · 1912