Holsapple v. International Paper Co. — 216 N.Y. 746

Majority

p. 746

Elbert F. Holsapple, Respondent, v. International Paper Company, Appellant.

Headnote

Holsapple v. International Paper Co., 161 App. Div. 894 , affirmed.

(Argued December 6, 1915;

decided January 4, 1916.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 23, 1914:, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of the defendant. The complaint alleged a cause of action, both at common law; and under the Labor Law, for injuries sustained by the plaintiff, a painter employed by the defendant, caused by a defective scaffolding. The defense was denial and contributory negligence.

L. B. McKelvey for appellant.

W. P. Butler for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Chase, Hogan, Seabury and Pound, JJ. Dissenting on the ground that it was error as matter of law to hold that- the plank from which the plaintiff fell was a scaffold: Willard Bartlett, Ch. J., and Collin, J.