Miller v. L. Boyer's Sons Co. — 237 N.Y. 541

Majority

p. 541

Joseph Miller, Appellant and Respondent, v. L. Boyer’s Sons Co., Respondent, and T. Hogan & Sons, Inc., Appellant.

Headnote

Negligence — master and servant — action to recover for personal injuries arising from fall from ladder improperly secured.

Miller v. Boyer’s Sons Co., 206 App. Div. 708 , affirmed.

(Argued November 22, 1923;

decided December 27, 1923.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 10, 1923, affirming a judgment in favor of plaintiff and against the defendant, appellant, and in favor of defendant, respondent, and against plaintiff, appellant, entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendants. The injuries complained of were sustained while plaintiff was in the employ of the defendant T. Hogan & Sons, Inc., which at the time was in the employ of the defendant L. Boyer’s Sons Co. as stevedore. The negligence charged against the defendant L. Boyer’s Sons Co. is in carelessly erecting a ladder as a means of access from a steamer to that defendant’s lighter, lying alongside of the steamer. The negligence charged against the defendant Hogan & Sons, a stevedore, is in adopting this ladder as a means of access to and from the lighter for its employees, and in failing to inspect it, whereby plaintiff fell and received the injuries complained of.

Harold R. Medina and Arthur J. Levine for plaintiff, appellant and respondent.

Eli J. Blair for defendant, apppellant.

E. C. Sherwood for defendant, respondent.

Judgment affirmed, with costs to plaintiff against defendant T. Hogan & Sons, Inc., and with costs to defendant L. Boyer’s Sons Co. against plaintiff and defendant Hogan & Sons, Inc.; no opinion.

Concur: Hjscock, Ch. J., Hogan, Cardozo, Pound, Crane and Andrews, JJ. Not voting: McLaughlin, J.