Solko v. Hay Foundry & Iron Works, Inc.

Headnote

Negligence — res ipsa loquitur — workmen injured through collapse of derrick.

Solko v. Hay Foundry & Iron Works, Inc., 218 App. Div. 761 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 17, 1926, unanimously 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 defendant. Plaintiff was employed as a concrete worker on a building in course of construction arid defendant had the contract for and was engaged in placing the

structural steel and iron work. Defendant’s workmen had raised a derrick on the fourteenth floor to hoist material. While a load of beams was being hoisted the derrick gave way and fell through to the seventh floor. Plaintiff, who was working in the basement, was struck by an angle plate and severely injured.