Agnes Butler, Respondent v. James A. Townsend, Appellant

Summary

The New York Court of Appeals reversed the judgment, holding that the defendants were not liable for the death of the caulker because the lumpers who erected the scaffold were independent contractors and, even if deemed servants, their negligence was that of fellow servants, not a breach of the master’s duty to provide a safe place. The Court also clarified that a scaffold is an appliance, not a place of work, for purposes of the master‑servant duty.