Legal Opinion

Kelly v. Wills

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

Decided January 18, 1907PublishedCited by 4 opinions

Appeal by the defendant, Charles T. Wills, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 4th day of April, .1906, upon the verdict of a jury for $17,500, and also from an order entered in said clerk’s office on the 19th day of May, 1906, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Jenks, J.:

The action is for negligence by the administrator of a servant against the master, and the master appeals from a judgment on the verdict. The appellant contends that there is neither proof of his negligence nor of the absence of the intestate’s contributory negligence. The servant, standing upon a scaffold at work on'a building, fell to the ground and was injured when the scaffold gave way. I think that there was sufficient evidence of the defendant’s negligence to sustain the verdict. We so held in Stach v. Wills (115 App. Div. 911), an action arising out of the same accident, and…

2Cases cited1 opinion

  1. Seifter v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1901

3Cited by4 opinions

  1. O'Neil v. StateNew York Court of Claims · 1971
  2. Levy v. J. L. Mott Iron WorksAppellate Division of the Supreme Court of the State of New York · 1911
  3. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1937
  4. In re the Accounting of Mount Vernon Trust Co.Appellate Division of the Supreme Court of the State of New York · 1943

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