143 N.Y.S. 808 | N.Y. App. Div. | 1913
The complaint is that defendant’s servant, a painter, was killed by its neglect in furnishing a scaffold “too narrow to work upon” in safety, and without guard rails. But the servant was killed, not in the occupancy of the scaffold, but in shifting it to another position. For such purpose the guard rail in front had been unshipped and the guard rope in the rear of the scaffold loosened. The guard rail had no protec
The judgment and order should be reversed and a new trial granted, costs to abide the event.
Jerks, P. J., Carr and Stapleton, JJ., concurred; Rich, J., not voting.
Judgment and order reversed and new trial granted, costs to abide the event.