McChesney v. Lucius Engineering Co. 167 A.D. 957

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.