It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Plaintiffs commenced this action to recover damages for injuries sustained by Brenton C. Smith (plaintiff) when he was struck by a drift pin that fell from a steel beam approximately 20 feet above him. At the time of the accident, plaintiff was working at ground level and his supervisor, the foreman on the construction project, had...
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