Ferrick v. . Eidlitz
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 10, 1908, which reversed a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial and granted a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 10, 1908, which reversed a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial and granted a new trial. The action was brought to recover for personal injuries sustained by plaintiff, an employee of the defendants, by reason of the fall of a temporary rooting which he was engaged in removing in a building in process of construction. The defendants were contractors in the…
1Opinion of the CourtHiscock, J.
The construction by the fall of which plaintiff was injured while engaged in its removal was placed in position by contractors other than the defendants. Its primary and principal purpose was to serve as a rooting for the protection of dynamos from dust and other falling substances incidental to the erection of a new building. The structure was of a very simple character. Plaintiff and his fellow-workmen had been engaged in its removal for some time when the accident happened and his evidence makes it uncertain whether there was a general collapse of that portion of the structure which…
2Cases cited3 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Loudoun v. . Eighth Ave. R.R. Co.New York Court of Appeals · 1900
- Henson v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1909
3Cited by6 opinions
- Morejon v. Rais Construction Co.New York Court of Appeals · 2006
- Marceau v. Rutland Railroad Co.New York Court of Appeals · 1914
- Beltz v. . Buffalo, R. P. Ry. Co.New York Court of Appeals · 1918
- Alderman v. StateNew York Court of Claims · 1988
- Lyons v. McNulty Bros.Appellate Terms of the Supreme Court of New York · 1912
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