McChesney v. Lucius Engineering Co.

167 A.D. 957, 152 N.Y.S. 1125

Opinion

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 single plank to be used as a scaffold which was unsuitable and improper for the work which the plaintiff was required to do. All concurred, except Robson and Foote, JJ., who dissented.