Hummel v. L. S. Fischl's Sons, Inc.
Appellate Division of the Supreme Court of the State of New York
Three appeals by the defendant, Akron Building Company, on separate records: (1) From a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Bronx on the 15th day of January, 1916, upon •the verdict of a jury for $11,250; (2) from an order of the Supreme Court, made at the Bronx Special Term and entered in the office of the clerk of the county of Bronx on the 3d day of June, 1916, denying its motion for a new trial made…
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Three appeals by the defendant, Akron Building Company, on separate records: (1) From a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Bronx on the 15th day of January, 1916, upon •the verdict of a jury for $11,250; (2) from an order of the Supreme Court, made at the Bronx Special Term and entered in the office of the clerk of the county of Bronx on the 3d day of June, 1916, denying its motion for a new trial made upon the minutes; and also its motion for a new trial on the ground of newly-discovered evidence; (3) from an order…
1Opinion of the Court
Laughlin, J.:
This is a statutory action to recover for the death of plaintiff’s intestate, who, while in the employ of the defendant, L. S. Fischl’s Sons, Inc., in whose favor a verdict was ren*491dered, and engaged on the Ith day of January, 1914, in painting the inner side of a sill or saddle at the entrance to the service elevator on the eighth floor of the Hotel Blackstone, at Ho. 50 East Fifty-eighth street, borough of Manhattan, Hew York, was struck and instantly killed by the descending service elevator, which was being operated by an employee of the appellant, the owner of the building,…
2Cases cited9 opinions
- Tracey v. . AltmyerNew York Court of Appeals · 1871
- Glassford v. LewisNew York Supreme Court · 1894
- Di Tommaso v. Syracuse UniversityAppellate Division of the Supreme Court of the State of New York · 1916
- Rinklin v. AckerAppellate Division of the Supreme Court of the State of New York · 1908
- Di Tommaso v. . Syracuse UniversityNew York Court of Appeals · 1916
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3Cited by2 opinions
- Mideastern Contracting Corporation v. O'TOOLECourt of Appeals for the Second Circuit · 1932
- General Accident Fire & Life Assurance Corp. v. RamosNew York Supreme Court · 1962