Brennan v. . Gordon
New York Court of Appeals
Appeal from a judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made December 6,1886, which affirmed a judgment in favor of defendants entered upon a verdict, and affirmed an order which denied a motion for a new trial. This action was brought "by the plaintiff to "recover damages for personal injuries occasioned by the fall of an elevator. The case has neen twice tried.
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Appeal from a judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made December 6,1886, which affirmed a judgment in favor of defendants entered upon a verdict, and affirmed an order which denied a motion for a new trial. This action was brought "by the plaintiff to "recover damages for personal injuries occasioned by the fall of an elevator. The case has neen twice tried. On the first trial the complaint was dismissed. This was reversed by the General Term and a new trial was ordered. (Reported below 13 Daly, 208.) On the…
1Opinion of the CourtPotter, J.
This action is brought upon the theory that the plaintiff being inexperienced in the running of an elevator, and that to the knowledge of defendant, and that having been assigned by the defendant to perform this duty, the defendant was bound to qualify him for such service, and that in doing bo if the machinery was found to be defective or Henry Dill-worth, who was assigned as instructor for the .plaintiff, was incompetent to perform this duty, or was negligent in his -manner of performing it, and that by reason of the premises the plaintiff was injured, the defendants are liable to pay him…
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