Hyperlawhypertext legal database D'Alisera v. John J. Hearn Construction Co. 157 N.Y.S. 1122

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D'Alisera v. John J. Hearn Construction Co.

157 N.Y.S. 1122 Court N.Y. App. Div. Decision date 1916-02-28 English

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p. 1122
Elginia D'ALISERA, as Administratrix, etc., of Angelo D'Alisera, deceased, appellant, v. JOHN J. HEARN CONSTRUCTION COMPANY, respondent.
(Supreme Court, Appellate Division, Second Department.
February 28, 1916.)

'Plaintiff’s exceptions to the charge do not present reversible error. This planking-laid. on permanent floor beams could not be deemed a staging or scaffold, except by the amendment of the Labor Law bj? Laws of 1911, c. 693. But plaintiff’s exception did not bring this amendment to the court’s attention. Even if such a flooring might be considered as a scaffold, it was impracticable to run an outside rail about it, as such a barrier would cut off the masons working on the outside wall from receiving their supplies of material. The verdict for the defendant was well warranted by the testimony. The judgment and order are therefore unanimously affirmed, with costs.