Opinion
March 24, 1952.
Present — Nolan, P.J., Carswell, Adel, Wenzel and Schmidt, JJ.
Action to recover damages for personal injuries sustained when plaintiff, an employee of the third-party defendants, fell as the result of the breaking of a plank on a scaffold due to a knot in the plank. The evidence showed that the plank had been supplied and the work directed by the defendant. The jury rendered a verdict in favor of plaintiff against the defendant, and the court granted the motion of the third-party defendants to dismiss the third-party complaint. Defendant appeals from the judgment entered thereon and from an order denying its motion to set aside the verdict. Judgment unanimously affirmed, with costs. No opinion. Appeal from order dismissed, without costs. No such order is printed in the record.