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across the top of an opening in said wall, which board was defective, knotty, cross-grained, insufficient in strength and too weak to support the plaintiff thereon; that thereupon said board broke and precipitated the plaintiff to the ground, in a sudden and violent manner, injuring the plaintiff's left limb, ankle and foot, fracturing the bones thereof, and tearing, lacerating, and injuring the muscles, tendons, ligaments, nerves and blood vessels connected therewith, besides injuring the plaintiff's right arm, right limb, knee, back and spine, causing a severe shock to his nerves and nervous system, resulting in paralysis of his arms and hands, causing him to undergo much pain and suffering, and to be rendered unable from performing his usual and ordinary work; making it necessary for him to expend large sums of money for medicine, medical attendance, treatment and care, and to lose his wages and earning capacity, which conditions will be permanent, resulting in damages to the plaintiff in the sum of $15,000.00.

6. That upon the 25th day of June, 1913, in the construction of said building, the defendant and his said superintendents and foremen, directed and required the plaintiff to perform his work of placing and adjusting certain timbers and joists on top of said wall without furnishing him with a scaffold or other place on which to stand, although said wall was too narrow and constituted a dangerous and unsafe place upon which to stand while doing said





work; that the defendant and his aforesaid superintendents and foremen also negligently and carelessly placed and left upon said wall at said place, the said board, thereby creating an unsafe and dangerous condition, which was unknown to the plaintiff, and that the plaintiff's aforesaid injuries were caused by reason of such negligence.

7. That the defendant and his superintendents and persons in his employ in charge of said work, and persons in his service who had authority to direct, control and command other servants in his employ in the discharge of their respective duties, negligently and carelessly failed to furnish or erect for the purpose of doing said work, a safe, suitable and proper scaffolding or other mechanical contrivances, constructed, placed and operated so as to give proper protection to the life and limb of the plaintiff while so employed and engaged as required by the Labor Law of the State of New York; and negligently and carelessly directed the plaintiff to perform the work in question without furnishing such scaffolding, mechanical contrivances or a safe place to work; in negligently and carelessly failing to inspect, safeguard and keep safe the place wherein the plaintiff was working; in negligently and carelessly allowing said board to be placed and left at said place, upon said wall, without giving the plaintiff warning of the danger thereof; and in failing to take proper precautions to prevent the accident which happened to the plaintiff, and that plaintiff's aforesaid injuries





were caused through such negligence and carelessness and without any negligence on his part.

8. That on or about the 4th day of August, 1913, and within 120 days after the occurrence of the aforesaid injuries and accident, and before the commencement of this action, the plaintiff caused to be served upon the defendant, a written notice of the claim for which this action is brought, signed by him, stating the time, place and cause of the aforesaid injuries, by post, by a letter with postage prepaid addressed to the defendant at Norwich, N. Y., the last known place of residence, which notice said defendant received, that this action was brought within one year after the occurrence of the aforesaid injuries and accident, and that the plaintiff has complied with each and every provision of Section 201 of the Labor Law of the State of New York. WHEREFORE, plaintiff demands judgment against the defendant for the sum of Fifteen thousand ($15,000.00) dollars, besides the costs and disburse-ments of this action.


Attorneys for Plaintiff,

Office and Post Office Address,

No. 511 Union Building,

Syracuse, N. Y.

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The defendant above named, answering the complaint of the plaintiff herein:

Admits that upon and for some time prior to the 25th day of June the defendant was engaged under a contract in the construction of a schoolhouse at the corner of Oak and West Third streets, in the city of Fulton, New York; further answering the defendant

Admits that on or about the 25th day of June, 1913, while in the employ of the defendant, the plaintiffff received certain injuries, but denies that the said injuries were received in the manner, under the circumstances or to the extent alleged in the complaint herein; further answering, the defendant

Admits that prior to the commencement of this action and within one hundred twenty days after the date of the accident and injuries complained of herein, the defendant received a certain notice, a copy of which is hereto attached marked "A," but denies that he has received any other or further notice in





pretended compliance with Section 201 of the Labor

Law of the State of New York, or otherwise; further answering, the defendant

Denies each and every other allegation in said complaint contained.


For a second and further answer and defense herein, this defendant denies that any accident or injuries received by the plaintiff were caused by any negligence on the part of the defendant, but alleges on information and belief that they were occasioned solely by reason of the plaintiff contributing thereto.


For a third and further answer and defense herein, this defendant alleges, on information and belief, that any negligence which caused or contributed to the accident complained of herein, other than that of the plaintiff, was that of a fellow servant and coemployee, for the results of which this defendant is not responsible in damages.

Wherefore, defendant demands judgment that the complaint of the plaintiff herein be dismissed

with costs.

Attorney for Defendant,
Office & P. O. Address,

25 Mann Building,

Utica, N. Y.


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