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Hashagen v. Schafer

Supreme Court, Appellate Term
Nov 1, 1906
51 Misc. 617 (N.Y. App. Term 1906)

Opinion

November, 1906.

Frank Verner Johnson, for appellant.

Walter J. Rosenstein, for respondent.


Near the close of the case the learned trial justice charged, in substance, that the owner (defendant-appellant) was liable, if she had a superintendent on the job, to put a certain floor in the building or to cover a certain floor, and to this defendant duly excepted. Section 20 of the Labor Law (L. 1897, ch. 415), so far as it is necessary to refer to it, provides that where double floors are to be laid all contractors for carpenter work, "shall lay the under flooring * * * on each story * * * to not less than two stories below the one to which such building has been erected" and, where double floors are not to be used, "shall keep plank over the floors two stories below the story where the work is being performed." The defendant was not the contractor for carpenter work, and so not within the purview of the statute. Whether defendant-appellant was negligent in having things as they were, and whether, if she was negligent, her negligence was a proximate cause of the accident, were questions for the jury. Probably if she had no carpenter contractor whose duty it was to comply with the provisions of section 20 of the Labor Law, that circumstance would be evidence admissible upon the question of her own negligence.

The exception is valid, and the judgment and order must be reversed and a new trial ordered, with costs to appellant to abide the event.

Present: GILDERSLEEVE, DUGRO and DOWLING, JJ.

Judgment and order reversed and new trial ordered, with costs to appellant to abide event.


Summaries of

Hashagen v. Schafer

Supreme Court, Appellate Term
Nov 1, 1906
51 Misc. 617 (N.Y. App. Term 1906)
Case details for

Hashagen v. Schafer

Case Details

Full title:WALTER F. HASHAGEN, Respondent, v . MARY SCHAFER, Appellant, Impleaded…

Court:Supreme Court, Appellate Term

Date published: Nov 1, 1906

Citations

51 Misc. 617 (N.Y. App. Term 1906)
101 N.Y.S. 11

Citing Cases

Hashagen v. Schafer

Upon appeal to this court the judgment was reversed. 51 Misc. 617. On the recent retrial of the case the…