Lester v. Otis Elevator Co.
Appellate Division of the Supreme Court of the State of New York
Appeal .by the defendant, Otis Elevator Company, from a determination and order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 21st day of June, 1915, affirming a judgment of the Municipal Court of the City of New York, borough of Manhattan, fourth district, in plaintiff’s favor, and also from the judgment entered in the office of the clerk of the Municipal Court of the ■ City of New York on the 9th day of…
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Appeal .by the defendant, Otis Elevator Company, from a determination and order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 21st day of June, 1915, affirming a judgment of the Municipal Court of the City of New York, borough of Manhattan, fourth district, in plaintiff’s favor, and also from the judgment entered in the office of the clerk of the Municipal Court of the ■ City of New York on the 9th day of April, 1915. The judgment in the Municipal Court was entered upon the verdict of a jury.
1Opinion of the Court
McLaughlin, J.:
This action was brought in the Municipal Court of the City of New York to recover damages for injuries alleged to have been sustained through the negligence of the defendant. On July It, 1914, the plaintiff was an employee of the firm of Bing & Bing, which was engaged in the construction of a building in the city of New York. Upon the same premises the defendant was engaged in drilling a hole for the plunger of an elevator. In removing the drill for the purpose of cleaning it, defendant, in some way, upset the runway on which plaintiff was at work wheeling mortar, and he was…
2Cases cited4 opinions
- Matter of Jensen v. . Southern Pacific Co.New York Court of Appeals · 1915
- Rosin v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Lester v. Otis Elevator Co.Appellate Terms of the Supreme Court of New York · 1915
- McManus v. . GavinNew York Court of Appeals · 1879
3Cited by21 opinions
- Rosebrock v. General Electric Co.New York Court of Appeals · 1923
- Claim of Zirpola v. T. & E. Casselman, Inc.New York Court of Appeals · 1924
- Smith v. Port Huron Gas & Electric Co.Michigan Supreme Court · 1922
- Dettloff v. Hammond, Standish & Co.Michigan Supreme Court · 1917
- Hartquist v. Tamiami Trail Tours, Inc.Supreme Court of Florida · 1939
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