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McChesney v. Lucius Engineering Co.

152 N.Y.S. 1125 Court N.Y. App. Div. Decision date 1915-03-17 English

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p. 1125
McChesney v. Lucius Engineering Co.
(Supreme Court, Appellate Division, Fourth Department.
March 17, 1915.)

Headnote

Action by John McOhesney against the Lucius Engineering Company.

Plaintiff’s exceptions sustained, and motion for new trial granted, with costs to plaintiff to abide event. Held, that it was a question of fact as to whether the defendant was negligent in furnishing a scaffold which was unsuitable and improper for the work which the plaintiff was required to do.

ROBSON and FOOTE, JJ., dissent.