Britt v. City of New York

Full title: Bernard Britt, Respondent, v. The City of New York, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 1, 1913

158 App. Div. 902 (N.Y. App. Div. 1913)

Opinion

July, 1913.

Judgment and order reversed and new trial granted, costs to abide the event, on the ground that the case went to the jury upon the theory that the proximate cause of the injury was the failure of the master to furnish a safe place to work. There was no evidence that plaintiff was engaged at the time of the collapse in using the defective structure as a place to work. The evidence is that he was aiding in the repair of a defective structure. Jenks, P.J., Burr and Stapleton, JJ., concurred; Thomas and Carr, JJ., dissented.