Adams v. White Constr. Co.
| Decision Date | 26 May 1949 |
| Citation | 299 N.Y. 641,87 N.E.2d 52 |
| Parties | William H. ADAMS, Appellant, v. WHITE CONSTRUCTION COMPANY, Inc., Respondent. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, Second Department, 274 App.Div. 1072, 85 N.Y.S.2d 837.
Action by William H. Adams against the White Construction Company to recover damages for personal injuries.
The plaintiff, at the time of sustaining his injuries, was an employee of the Sheffield Farms Company. While working in the Sheffield Company's garage and pasteurizing plant in mid-town Manhattan, he was injured when a slab of concerte about 16 inches long and 2 or 3 inches thick, fell from the ceiling 15 feet above and struck him on the head.
The theory of plaintiff's complaint was that defendant was the negligent third party that actually caused his injuries through its improper and negligent construction of the ceiling.
Trial resulted in a verdict in plaintiff's favor for $25,000. Thereafter the trial court set aside the verdict and granted defendant's motion, upon which decision had been reserved, to dismiss the complaint. The judgment of dismissal was affirmed by the Appellate Division, 274 App.Div. 1072, 85 N.Y.S.2d 837, and the plaintiff appeals by leave of the Court of Appeals, contending that his proof made out a prima facie case against the defendant.Brown, Overend & Vogel of Brooklyn, for appellant.
John P. Smith of New York City (Albert P. Thill of New York City of counsel), for respondent.
Judgments reversed and a new trial granted, with costs to abide the event, upon the ground that the evidence received in support of plaintiff's case was prima facie proof of the defendant's negligence.
All concur.
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...contractor may be held accountable in negligence for injuries to a third person not in privity with him. (See Adams v. White Construction Co., 299 N.Y. 641, 87 N.E.2d 52 reversing 274 App.Div. 1072, 85 N.Y.S.2d 837.) We decided in favor of responsibility, our decision therein, as well as th......
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...failure to maintain and repair, nor should a liability be imposed upon the owners under such circumstances. See: Adams v. White Construction Co., 299 N.Y. 641, 87 N.E.2d 52 (Latently defective concrete work, not ascertainable on inspection); Clemens v. Benzinger, 211 App.Div. 586, 207 N.Y.S......
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...and that a finding of negligence by the jury against the defendant contractor was warranted. See, also, Adams v. White Construction Co., Inc., 299 N.Y. 641, 87 N.E.2d 52. More recently, the Court of Appeals applied the doctrine of MacPherson v. Buick Motor Company, 217 N.Y. 382, 111 N.E. 10......