Sullivan v. City of Syracuse

165 A.D. 950 | N.Y. App. Div. | 1914

Ah concurred, except Merreh, J., who dissented upon the grounds: (1) That the work in which the plaintiff was engaged was the performance of a governmental function and not such as to render the defendant liable for the negligence complained of or to bring the defendant within the provisions of the Labor Law;^* and (2) that in any event the verdict is against the weight of the evidence.

* See Consol. Laws, chap. 31 (Laws of 1909, chap. 36), art. 14, as amd. by Laws of 1910, chap. 352.— [Rep.