Flanagan v. Fred T. Ley & Co.

Headnote

Negligence—failure to light dark passageway in basement of building in course of construction and to guard opening in floor — injury to workman from falling through such opening.

Flanagan v. Ley & Co., Inc., 214 App. Div. 776 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 29, 1925, modifying and affirming as modified 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 defendants. In the construction of a building, holes had been left in the floors for the operation of a hod-hoist. When no longer needed the openings had either been permanently closed or planked over. On the day of the accident a subcontractor, who had been authorized by the general contractor to close the openings, directed one of its workmen to fill in the opening in the basement. He removed the planks and left the opening, which was in a dark passageway, unguarded and without light, to procure material. Plaintiff, an employee of another sub

contractor, having occasion in the course of his employment to go through the passage walked into the opening and received the injuries complained of. The general contractor was charged with negligence in failing to properly light the basement and the subcontractor for failure to guard the opening. •