Exhibit. The foregoing case is hereby settled as the case and exceptions on appeal herein and ordered filed in the Oswego County Clerk's office and attached to the judgment roll. Dated December 10th, 1913. IRVING G. HUBBS, J. S. C. EXHIBIT 4. 235 To James C. Cummings: TAKE NOTICE, That I, Frank H. Bidwell, of the city of Fulton, N. Y., have a claim against you for damages for injuries sustained by me while in your employ, arising out of the following facts and circumstances: 1. That the time when your claimant was injured was upon the 25th day of June, 1913, at about 9 o'clock in the forenoon of that day. 2. That the place where your claimant was injured was at the schoolhouse being constructed by you at the corner of Oak and West Third streets in the city of Fulton, N. Y., and at a point near the center of the west wall of said building. 3. That the cause of your claimant's injuries is as follows: That upon the occasion in question your claimant was assisting in placing joists and timbers upon said wall, which had been constructed up to a height of ten or twelve feet from the ground; that while your claimant was engaged in said work at said place, he stepped upon a board which had been placed at the top of a window or door opening in 240 239 238 Exhibit. said wall and adjoining the window or door frame therein; that said board was defective, knotty, cross grained, insufficient in strength to support your claimant thereon; that said board broke and precipitated your claimant to the ground in a sudden and violent manner, thereby injuring your claimant's left limb, ankle and foot, fracturing the bones thereof and tearing, lacerating and injuring the muscles, tendons, ligaments, nerves and blood vessels connected therewith, besides injuring your claimant's right arm, right limb, knee, back and spine, causing a severe shock to his nerves and nervous system, resulting in paralysis of his arms and hands; causing him to undergo much pain and suffering and to be rendered unable to perform his usual and ordinary work; making it necessary for him to expend large sums of money for medicine, medical attendance, treatment and care and to lose his wages and earning capacity, which conditions will be permanent, causing damages to your claimant in the sum of Fifteen thousand ($15,000) dollars. That the board was unsafe and dangerous and had been negligently and carelessly placed and left at said place upon said wall by you and your superintendents and persons in your service in charge of said work; that said wall was too narrow and constituted a dangerous and unsafe place to stand while doing said work; that no scaffolding or proper place to stand while your claimant was doing his said work was furnished by you or your superintendents or foremen in charge of said work, and your claimant Exhibit. 241 242 243 was obliged to stand upon said wall while doing his work. That you and your superintendents and persons in your employ in charge of said work and persons in your service who had authority to direct, control and command other servants in your employ in the discharge of their respective duties, negligently and carelessly failed to furnish or erect for the purpose of doing said work, a safe, suitable and proper scaffolding or other mechanical contrivances, constructed, placed and operated so as to give proper protection to the life and limb of your claimant while so employed and engaged; and negligently and carelessly directed your claimant to perform the work in question without furnishing such scaffolding, mechanical contrivances or a safe place to work; in failing to inspect, safeguard, and keep safe the place wherein your claimant was working; and negligently and carelessly placed and permitted said board to remain at said place upon said wall without giving your claimant warning of the danger thereof; and failed to take proper precautions to prevent the accident which hapuened to your claimant, and your claimant's injuries were caused solely through such negligence, while your claimant was in the exercise of due care and through no fault or carelessness on his part. 4. This notice is herewith served upon you in 246 245 244 Summons. accordance with and pursuant to Section 201 of the Labor Law of the State of New York. Dated August 2nd, 1913. FRANK H. BIDWELL. THOMSON, WOODS & WOODS, Attorneys for Claimant, Office and P. O. Address, No. 511 Union Building, SUMMONS. SUPREME COURT-OSWEGO COUNTY. FRANK H. BIDWELL against JAMES C. CUMMINGS. To the above named Defendant: YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your answer on the plaintiff's attorneys within twenty days after the service of this summons, exclusive of the day of service, and in case of your failure to appear, or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated August 13th, 1913. THOMSON, WOODS & WOODS, Plaintiff's Attorneys, Office and Post Office Address, 247 248 249 Complaint. COMPLAINT. SUPREME COURT-OSWEGO COUNTY. FRANK H. BIDWELL VS. JAMES C. CUMMINGS. The plaintiff complaining of the defendant herein, alleges upon information and belief: 1. That upon and for some time prior to the 25th day of June, 1913, the defendant was engaged under a contract therefor, in the construction of a schoolhouse at the corner of Oak and West Third Streets, in the City of Fulton, N. Y. 2. That upon the 25th day of June, 1913, and for some time prior thereto, the plaintiff was in the employ of the defendant assisting in such work. 3. That in the construction of said building, the defendant employed various superintendents and foremen whom he entrusted with the power of superintendence, and with the authority to direct, control and command other employees in the performance of their respective duties. 4. That upon the 25th day of June, 1913, the plaintiff was in the employ of the defendant as a carpenter, working upon the aforesaid building. 5. That while the plaintiff was engaged in the discharge of his duties under such employment, and while working upon the top of the west wall which had then been constructed to a height of 10 or 12 feet from the ground, he stepped upon a board extending |