129 N.Y.S. 170 | N.Y. App. Div. | 1911
This action is brought to recover damages for personal injuries alleged to have been sustained by reason of the negligence of the defendants in furnishing an unsafe and improper scaffold for the use of the plaintiff in the construction of the Academy of Music in the borough of Brooklyn. The plaintiff’s testimony, and that of his witnesses, justified the jury in finding that on the 5th day of August, 1907, the plaintiff was in the employ of the Columbian Re-enforced Concrete Company, which company had the sub-contract for the re-enforced concrete work upon the Academy of Music, the defendants appellants being the general contractors, and that while thus employed he was sent to the second story of the building to place some clips on the iron girders which had been laid, to hold the re-enforcing materials while the concrete was being placed; that the plaintiff had worked in that locality during the greater part of the day, and that at about four o’clock in the afternoon, on returning to his position after going to the floor below for materials, he stepped out upon an extension scaffolding which the defendants, through their employees, had constructed for the use of their laborers, and that the end of the plank constituting a part of this scaffolding, not being supported, tipped down, precipitating the plaintiff to the floor below, resulting in serious injuries. The jury has found in favor of the plaintiff, and from the judgment entered, and from the order denying a new trial, appeal comes to this court.
The principal contention of the defendants upon this appeal seems to be that the plaintiff has failed to establish the cause
The judgment and order appealed from should be affirmed, with costs.
Jenks, P. J., Carr and Rich, JJ., concurred; Ti-iomas, J., dissented.
Judgment and order affirmed, with costs. ■