Rippley v. Frazer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Clarence L. Rippley, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the country of Onondaga on the 15th day of March, 1911, upon the dismissal of the complaint by direction of the court after a trial at the Onondaga Trial Term, certain questions of fact having been submitted to the jury, and also from an order entered in said clerk’s office on the same day denying the plaintiff’s motion for a new…
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Appeal by the plaintiff, Clarence L. Rippley, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the country of Onondaga on the 15th day of March, 1911, upon the dismissal of the complaint by direction of the court after a trial at the Onondaga Trial Term, certain questions of fact having been submitted to the jury, and also from an order entered in said clerk’s office on the same day denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, J.:
The plaintiff, a electrician, was sent by his employer to repair the electric lights in the defendant’s apartment house, in which there was an elevator. The elevator was lighted by a lamp connected with an electric cable, which extended from a fuse box at the fourth floor and entered the elevator at the top, where a break was discovered. The plaintiff sat on top of the elevator, repairing the cable. He knew that if the elevator went to the seventh floor he would be squeezed between the top of the elevator and the ceiling of the elevator shaft. He had looked over the situation there…
2Cases cited3 opinions
- Warner v. . New York Central R.R. Co.New York Court of Appeals · 1873
- Wirt v. ReidAppellate Division of the Supreme Court of the State of New York · 1910
- Rippley v. FrazerNew York Supreme Court · 1910
3Cited by3 opinions
- Spielter v. North German Lloyd Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1931
- International Madison Bank & Trust Co. v. SilvermanNew York Supreme Court · 1930
- Eagle v. City of New YorkNew York Supreme Court · 1938