138 A.D. 810
Appellate Division of the Supreme Court of the State of New York
Decided June 10, 1910
Appellate Division of the Supreme Court of the State of New York · decided 1910-06-10
Appeal by the plaintiff, Mary Huston, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 16th day of April, 1909, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 8th day of April, 1909, denying the plaintiff’s motion for a new trial made upon the minutes.
Decided 1910-06-10
¶1(dissenting):
¶2I dissent on the ground that the defendant owed the intestate no duty "with reference to the. scaffold in question. It was not constructed for him. to use, and the defendant did not expressly or impliedly consent to his using it. .
¶3judgment and order reversed, new trial ordered, costs to appellant to abide event.