Legal Opinion

Stokes v. New York Life Insurance

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

Decided March 22, 1906PublishedCited by 4 opinions

Appeal by the defendant, The New York Life Insurance Company, from a judgment of the Supreme Court in favor of the piaintiffi, entered in the office of the" clerk of the county of Kings on the 15th day of February, 1905, upon the verdict of a jury for $325, and also from an Order entered in. said clerk’s office on the 28th day of February, 1905,’ denying the defendant’s motion for .a new trial made Upon the rhimites.

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Appeal by the defendant, The New York Life Insurance Company, from a judgment of the Supreme Court in favor of the piaintiffi, entered in the office of the" clerk of the county of Kings on the 15th day of February, 1905, upon the verdict of a jury for $325, and also from an Order entered in. said clerk’s office on the 28th day of February, 1905,’ denying the defendant’s motion for .a new trial made Upon the rhimites. The. action was' for personal injuries from negligence, The déféndant owns a large building and keeps; a corps of men continually employed to clean it and do the ordinary repairs…

1Opinion of the Court

Gaynor, J.:

The learned trial judge charged the jury that the provisions of the Labor Law (Laws of 1897, chap. 415, § 18 ; Id. § 19, as amd. by Laws of 1899, chap. 192), in effect making the master liable for the negligence. óf his contractor or servants in building -scaffolds in. certain specified cases, applied to this case. In this he was -in error according to á case afterwards decided (Schapp v. Bloomer, 181 N. Y. 125). This case is not distinguishable from that. The scaffold or platform on.horses on which the plaintiff was working, and which was set up by his fellow-workmen, was not…

2Cases cited1 opinion

  1. Schapp v. . BloomerNew York Court of Appeals · 1905

3Cited by4 opinions

  1. Koepp v. National Enameling & Stamping Co.Wisconsin Supreme Court · 1912
  2. Williams v. First National Bank of UticaAppellate Division of the Supreme Court of the State of New York · 1907
  3. Caddy v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1908
  4. Williams v. First National Bank of UticaAppellate Division of the Supreme Court of the State of New York · 1907

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