123 A.D. 587
Appellate Division of the Supreme Court of the State of New York
Decided January 10, 1908
Appellate Division of the Supreme Court of the State of New York · decided 1908-01-10
Appeal by the plaintiff, Michael Ferrick, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Queens on -the 1st day of April, 1907, upon the dismissal of the complaint by direction of the court after a trial at the Queens' County Trial Term, and also from an order' entered in said clerk’s office on the 29th day of March, 1907, deny.ing the plaintiff’s motion for a new trial, made upon the minutes.
Decided 1908-01-10
¶1, The fall was not in itself evidence of negligence. The maxim that the thing speaks for itself does not apply. They were 'tearing down the structure-—the rule of safe pláce to work does not apply.
¶2Judgment and .order reversed and tieiy trial granted, costs to abide the event.'