Hyperlawhypertext legal databasebeta Welk v. Jackson Architectural Iron Works 184 N.Y. 519

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Welk v. Jackson Architectural Iron Works

184 N.Y. 519 Court N.Y. Decision date 1906-02-06 English

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p. 519
Joseph Welk, Respondent, v. Jackson Architectural Iron Works, Appellant, Impleaded with Another.

Headnote

Welk v. Jackson Architectural Iron Works, 98 App. Div. 247 , reversed.
(Argued January 22, 1906; decided
February 6, 1906.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered
p. 520
November 18, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.
Frank Verner Johnson for appellant.
Charles Caldwell for respondent.

Judgment reversed and new trial granted, costs to abide event, on dissenting opinion of Woodward, J., below.

Concur: Cullen, Ch. J., Gray, O’Brien and Edward T. Bartlett, JJ.; Werner, J., concurs in result on the ground that the structure in cpiestion was a scaffold, but not com-'pleted, and that plaintiff’s participation in the erection thereof precluded his recovery. Dissenting: Hiscock and Chase, JJ.

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