Antes v. Watkins (112 A.D. 860, 1906)

Patterson, J.:

The plaintiff appeals from a judgment entered upon the dismissal of the complaint as to the defendants William H. and- Joseph Watkins. The action was brought against the defendants Watkins, owners of a lot of land in the borough of' Manhattan, city of MeW York, on which they were constructing or' causing to be constructed a house, and against the defendants Strohmenger & Rosenbaum, who were engaged as contractors in doing certain work as builders and framers upon such house. It is alleged, in the complaint that the plaintiff’s intestate was a carpenter in the employ of Strohmenger & Rosenbaum; that William H. Watkins for himsqlf and for the defendant Joseph Watkins personally directed and controlled the building of the house and took part in the construction thereof, “including the construction of a certain scaffold” built upon the outside of the house upon which plaintiff’s intestate in-the course of his employment was required to work; that it was the duty of^the defendants Watkins and of the .defendants Strolimenger & Rosenbaum to furnish plaintiff’s intestate, with a reasonably safe place to work and with reasonably safe tools and appliances with which to do his work and to keep _ the same in reasonably safe repair, and that unmindful of their duty in this respect' the defendants carelessly and illegally neglected arid faded to give plaintiff’s intestate a safe place'to Work and provide him with reasonably safe and proper materials arid keep, the sanie in reasonably safe repair, all of which was known-to the defendants and not known to the plaintiff’s intestate, and that by reason of the carelessness and neglect of the defendants as aforesaid the said .scaffold upon which the plaintiff’s intestate was working on a." certain date was precipitated to the ground - and he thereby sustained injuries which caused his death. The defendants Watkins answered the complaint,, adrriitting their ownership of the'premises, but denied the other substantial allegations thereof and their answer contains the usual allegation of contributory negligence of the plaintiff’s intestate. The defendants Stroll menger & Rosen- . baum denied all