Hutton v. Holdrook, Cabot & Daly Contracting Co.
Decision Date | 09 June 1905 |
Parties | HUTTON v. HOLDROOK, CABOT & DALY CONTRACTING CO. |
Court | U.S. District Court — Southern District of New York |
Arthur C. Palmer, for plaintiff.
Benj. Patterson, for defendant.
This is a motion by the plaintiff for a new trial, a verdict having been directed upon the trial for the defendant.
The plaintiff was one of a gang of five men employed by the defendant in doing mason work in the subway in the course of construction at New York City in November, 1901. He and two others of the five were masons, and the other two were helpers. The masons worked upon a scaffold, which, from time to time, as the work was finished by them at the place where it had been put up, was taken down by the helpers, and put up again by them at an adjacent place, when the masons again mounted the scaffold and resumed their work. It was the duty of the helpers to assist the masons generally in the work and they were under the directions of the masons. The plaintiff's action was brought to recover for injuries received by him by the falling of the scaffold, and the verdict was directed for the defendant upon the ground that the injuries were caused solely by the negligence of the fellow servants of the plaintiff. In directing the verdict the court said:
There is no dispute about the facts, and that they were as stated by the court is conceded; but it is insisted for the plaintiff that because of the provisions of the labor law of New York ( ), contained in sections 18 and 19 (page 467), the defendant was liable, notwithstanding the scaffold became unsafe solely by the negligence of the plaintiff's fellow servants. The sections read as follows:
There is no doubt that these sections contain 'a...
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Lang v. Bailes
... ... v ... Castleberry, 131 F. 175; Hutton v. Holdbrook, etc ... Co., 139 F. 734; Peschel v. Ry ... 175, 65 C.C.A. 481; Hutton v ... Holdrook (C.C.) 139 F. 734; Chambers v. Am. Tin ... Plate Co., ... ...
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Williams v. Ransom
...defendant." To a like effect is the opinion of the United States Circuit Court, Southern District of New York, in the case of Hutton v. Contracting Co., 139 F. 734. In this case, the injury was received by one of three and two helpers, working together as one crew. They worked upon a scaffo......