Stuart v. Costello — 236 N.Y. 616

Majority

p. 616

William A. Stuart, Appellant, v. Laura B. Costello, Respondent.

Headnote

Negligence — master and servant.— injury from fall of ladder wpon which plaintiff was working.

Stuart v. Costello, 204 App. Div. 574 , affirmed.

(Argued June 11, 1923;

decided July 13, 1923.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 12, 1923, affirming a judgment in favor of defendant entered upon a dismissal of the complaint

p. 617

by the court at a Trial Term in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer. Defendant furnished plaintiff, a painter, with an extension ladder to use in painting a house. The ladder hot being long enough plaintiff placed it, without the knowledge or consent of defendant, upon a table which he found in the garden. When he had mounted near the top the table tilted, the ladder fell and he received the injuries complained of.

E. C. Sherwood and Joseph B. Handy for appellant.

Bertram G. Eadie for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.