Torts · MBE-tested
O'BOY, Respondent, v. HIGGINS et al., Appellants
114 N.Y.S. 1140·New York Supreme Court, Appellate Division·1909·NY
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Opinion
O’BOY, Respondent, v. HIGGINS et al., Appellants.
(Supreme Court, Appellate Division, First Department.
January 22, 1909.)
Action by Helen O’Boy, as administratrix, against James Higgins and another.
W. R. Adams, for appellants.
R. B. Meyer, for respondent.
[MAJORITY — PER CURIAM.]
PER CURIAM.
Judgment and order reversed, and new' trial ordered, costs to appellants to abide event, on the ground that the decided weight of the evidence shows that the scaffold in question was an unfinished scaffold in process of erection at the time of the accident, and therefore the defendants were not guilty of negligence. Orden filed.