Thomas C. Stewart, as Administrator of Andrew C. Stewart, Deceased, Respondent v. John W. Ferguson, Appellant

Summary

The Court affirmed the judgment, holding that the unexplained fall of a scaffold is prima facie evidence of the employer's negligence and that sections 18 and 19 of the Labor Law impose a strict duty on the master to provide a safe scaffold. The trial court erred in refusing to charge that the accident created no presumption of negligence.