
    Joseph Welk, Respondent, v. Jackson Architectural Iron Works, Appellant, Impleaded with Another.
    
      Welk v. Jackson Architectural Iron Works, 98 App. Div. 247, reversed.
    (Argued January 22, 1906; decided
    February 6, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 18, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.
    
      Frank Verner Johnson for appellant.
    
      Charles Caldwell for respondent.
   Judgment reversed and new trial granted, costs to abide event, on dissenting opinion of Woodward, J., below.

Concur: Cullen, Ch. J., Gray, O’Brien and Edward T. Bartlett, JJ.; Werner, J., concurs in result on the ground that the structure in cpiestion was a scaffold, but not com-'pleted, and that plaintiff’s participation in the erection thereof precluded his recovery. Dissenting: Hiscock and Chase, JJ.  