(Download) "Hyman Kramer v. Chatham Green" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: Hyman Kramer v. Chatham Green
- Author : Supreme Court of New York
- Release Date : January 27, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
[38 A.D.2d 931 Page 931] Plaintiff-respondent, employed by a plumbing contractor, was engaged in connecting pipe in a trench dug and maintained by
defendant-appellant, owner of the building under construction. He was injured in an accident in which there was involved a
heavy section of sewer pipe. There was evidence from which the jury could have found that an act of plaintiff's co-employee
played a part in the accident. During deliberation, the jury, in two questions, requested instructions as to the responsibility
of plaintiff's employer, under the contract with the owner, for the accident, whether plaintiff's employer was to be considered
the employee of the owner, and whether the owner "Must * * * assume full liability for the actions of any employee, regardless
of their affiliation with * * * [the plumbing contractor] * * * or any other contractor". Instead of answering the questions
in terms that would explain to the jury the effect on the owner's responsibilities of whatever the plumbing contractor, through
its employees, might have done -- obviously called for by the questions -- the court instructed merely that the plumber "is
not a party to this case" and the like, in other language. "The jury should have been * * * instructed upon the precise subject
they were so much in doubt [38 A.D.2d 931 Page 932]