Appellate Division of the Supreme Court of the State of New York December 30, 1909 (Mulligan v. McDonald)

Scott, J.:

Defendant appeals from a judgment entered upon a verdict and from an order denying a new trial.

The action is for damages for personal injuries. Plaintiff was a stonemason in defendant’s employ, and at the time of the accident was standing upon a scaffold about fifteen feet high engaged in *537pointing up a masonry wall.