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Devlin v. Smith
New York Court of Appeals
89 N.Y. 470 (1882)
- Written by Sharon Feldman, JD
Facts
Josiah Smith (defendant) had a contract to paint a dome’s interior and contracted with Stevenson (defendant) to build a 90-foot-high scaffold. Devlin worked for Smith. A scaffold ledger broke, and Devlin was thrown to the ground and died. Devlin did nothing to contribute to the accident. Mary Devlin (plaintiff), as administratix, sued Smith and Stevenson, alleging that the scaffold was negligently constructed. Evidence at trial established that the scaffold should have been fastened by lashing instead of nailing. The trial court dismissed Mary’s complaint. The general term affirmed. Mary appealed.
Rule of Law
Issue
Holding and Reasoning (Rapallo, J.)
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