Hyperlawhypertext legal database O'Boy v. Higgins 114 N.Y.S. 1140

← Cases

O'Boy v. Higgins

114 N.Y.S. 1140 Court N.Y. App. Div. Decision date 1909-01-22 English

Contents

Majority

p. 1140
O’BOY, Respondent, v. HIGGINS et al., Appellants.
(Supreme Court, Appellate Division, First Department.
January 22, 1909.)

Headnote

Action by Helen O’Boy, as administratrix, against James Higgins and another.
W. R. Adams, for appellants.
R. B. Meyer, for respondent.

Judgment and order reversed, and new' trial ordered, costs to appellants to abide event, on the ground that the decided weight of the evidence shows that the scaffold in question was an unfinished scaffold in process of erection at the time of the accident, and therefore the defendants were not guilty of negligence. Orden filed.