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McChesney v. Lucius Engineering Co.

167 A.D. 957 Court N.Y. App. Div. English

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p. 957
John McChesney, Plaintiff, v. Lucius Engineering Company, Defendant.

Plaintiff’s exceptions sustained and motion for new trial granted, with costs to plaintiff to abide event. Held, that it was a question of fact as to whether the defendant was negligent in furnishing a single plank to be used as a scaffold which was unsuitable and improper for the work which the plaintiff was required to do. All concurred, except Robson and Foote, JJ., who dissented.