Nicholson v. . Greeley Square Hotel Co.
New York Court of Appeals
Appeal from a judgment, entered December 21, 1917, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was clearly negligent.
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Appeal from a judgment, entered December 21, 1917, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was clearly negligent. (McGovern v. C. V. R. R. Co., 123 N. Y. 280; Schlemmer v. R. R. Co., 205 U. S. 1; Western Electric Co. v. Houselmann, 136 Fed. Rep. 564; Pantzar v. Tilly Foster Iron Mining Co., 99 N. Y. 376; White v. Lehigh Valley R.…
1Opinion of the CourtCardozo, J.
This is an action for injuries resulting in death.
The plaintiff’s intestate, John Nicholson, was employed by the defendant as a carpenter at the Hotel McAlpin in the city of New York. The doors of the elevator shafts were out of order, and Nicholson was directed by his foreman to set them right. The hotel is twenty-four stories high, and there are nine elevator shafts, five on one side of the hall and four on the other. Nicholson, when he met his death, was working in shaft number 2. Standing on the elevator cage, which had been raised to the ninth floor, he was doing what was needful to put…
2Cases cited8 opinions
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
- Munsey v. WebbSupreme Court of the United States · 1913
- People v. . Journal Co.New York Court of Appeals · 1914
- Condran v. . Park TilfordNew York Court of Appeals · 1915
- Maloney v. . Cunard Steamship Co.New York Court of Appeals · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Sega v. State of New YorkNew York Court of Appeals · 1983
- Chamberlain v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1924
- Albert Banks v. Central Hudson Gas & Electric Corporation, and Ninnie Brothers, Third-PartyCourt of Appeals for the Second Circuit · 1955
- Maloney v. Hearst Hotels CorporationNew York Court of Appeals · 1937
- Pike v. Consolidated Edison Co. of New York, Inc.New York Court of Appeals · 1951
15 more not listed; retrieve them via the Exa API.