This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ... negligence of plaintiff's fellow servant; and hence plaintiff could not recover for injuries occasioned thereby.--Lynch v. Bush Co. (Sup.) 905. A temporary arch, used to support brickwork while being laid and upon which the workmen were in the habit of stepping, held not a "scaffold," within Labor Law, Laws 1897, p. 467, c. 415, 18.--Haughey v. Thatcher (Sup.) 935. 4. -- Actions. Evidence held to show that a servant knew, or should have known, of the surroundings of the place where he worked.--Mullen v. Metropolitan St. Ry. Co. (Sup.) 134. In action against railroad for death of servant, evidence examined, and held not to show freedom from contributory negligence, within Employers' Liability Act, Laws 1902, p. 1748, c. 600, 1, subd. 2.--McHugh v. Manhattan Ry. Co. (Sup.) 184. In action against railroad for death of servant, evidence examined, and held to show no negligence of superintendent, within Employers' Liability Act Laws 1002. p. 1748, c. GOO, 1, subd. 2.--McHugh v. Manhattan Ry. Co. (Sup.) 184. Servant must prove freedom from contributory negligence to recover, under Employers' Liability Act, Laws 1902, p. 1748, c. 600, 1, subd. 2.--McHugh v. Manhattan Ry. Co. (Sup.) 184. and 119 New York State Reporter 5. Liabilities for Injuries to third persons. Under Pen. Code, ii 117, 154, 426, officer, who was also agent of railroad company, killing trespasser on freight train in attempting t arrest him, held to act as public officer, and not as company's agent, so that companv was not liable in damages.--Sharp v. Erie R. Co. (Sup.) 553. Master held not liable for injuries to servant caused by fall of a temporary arch, in the absence of notice that it was unsafe or proof that he employed..."