Judson v. Village of Olean

• Decision Date: 22 October 1889
• Citation: 116 N.Y. 655,22 N.E. 555
• Parties: JUDSON v. VILLAGE OF OLEAN.
• Court: New York Court of Appeals Court of Appeals

116 N.Y. 655

22 N.E. 555

JUDSON

v.VILLAGE OF OLEAN.¹

Court of Appeals of New York,

Second Division.

Oct. 22, 1889.

Appeal from supreme court, general term, fifth department.

Action for personal injuries by Michael Judson against the village of Olean. The defendant is a municipal corporation, incorporated by chapter 110 of the Laws of 1882, and authorized, by chapter 129 of the Laws of 1883, to construct works for supplying it and its inhabitants with water. In 1883 defendant constructed works by which water is pumped from a river to an artificial reservoir on a hill, and thence distributed through the village by pipes. One of the structures built is a brick building, containing pumps which are operated by a steam-engine. Connected with this building there is a square brick chimney, which provides a draught for the fires and an escape for their smoke. To facilitate the erection of the chimney a staging was erected around it by placing eight upright timbers, called ‘staging poles,’ around and four feet from the chimney. On each side of the chimney an inch board, 12 inches wide, called a ‘ledger-board,’ was nailed horizontally to three staging poles. Small timbers, three by four inches in size, called ‘put-logs,’ were laid transversely to the ledger-boards, one end of each resting on a ledger-board, and the other end in an opening left in the chimney. Across these put-logs boards were laid, forming a platform for supporting the materials used in the construction, and the workmen while engaged in their work. As the work progressed the platform was from time to time reconstructed at a higher elevation. About 3 o'clock in the afternoon of Saturday, October 6th, the platform was reconstructed in the manner described at an elevation of about 20 feet above the ground. From the time this chimney was begun until the accident occurred four bricklayers worked on it,-S. S. Fish, who laid the north side or wall; Mr. Kinney, who laid the west side or wall; the plaintiff, who laid the south side or wall; and Frederick Fish, who laid the east side or wall. About 11 o'clock in the forenoon of Monday, October 8th, the south wall or side being further advanced than the north side, the plaintiff, upon the request of Frederick Fish, left the south side and went to the north side, and began laying brick. While the plaintiff was there engaged in work, near the north-west corner of the chimney, the north ledger-board parted from the north-west corner staging pole, broke, and the plaintiff fell about 20 feet to the ground, sustaining severe injuries, on account of which he seeks to recover damages in this action. On verdict judgment was rendered for the plaintiff, and the defendant's motion for new trial was denied. The judgment and order denying new trial were affirmed by the general term, and defendant appeals.Frederick W. Kruse

, for appellant.

J. R. Jewell, for respondent.

POTTER, J., ( after stating the facts substantially as above.

The defendant employed S. S. Fish to work as a mason on, and superintend the construction of, the chimney for daily...