Nagler v. James Butler, Inc. 240 N.Y. 657

Samuel Nagler, Respondent, v. James Butler, Inc., et al., Appellants.

(Argued May 7, 1925;

decided June 2, 1925.)

Negligence — master and servant — injury to window cleaner while in the course of employment.

Nagler v. Buffer, Inc., 212 App. Div. 861, affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 7, 1925, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been' sustained by plaintiff through the negligence of defendants. Plaintiff contended that while performing his work cleaning windows in the store of James Butler, Inc., he was injured through the negligence of defendant Mark Lawless, district superintendent of said defendant James Butler, Inc., who while acting within the scope of his employment entered the store and negligently struck against the ladder on which plaintiff was standing, throwing him to the floor and causing the injuries complained of:

*658 Clarence S. Zipp and E. C. Sherwood for James Butler, Inc., appellant.

Lillian Herbert Andrews and John H. Rogan for Mark Lawless, appellant.

Alfred M. Bailey and Nathan Frankel for respondent.