Miller v. Barker, Rose & Clinton Co.
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Charles L. Miller, and the defendant, Barker, Rose & Clinton Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chemung on the 26th day of January, 1915, upon the verdict of a jury for $700. Plaintiff further appeals from an order entered in said clerk’s office on the same day denying his motion for a new trial made on the ground of the inadequacy of the damages awarded.
1Opinion of the Court
Woodward, J.:
The plaintiff, a contractor and builder, went to the store of the defendant, on Lake street, in Elmira, to purchase certain goods, and was sent by an employee to the warehouse of the company on State street to obtain the goods, being given an order for this purpose. The plaintiff entered the warehouse building through a door in the State street side or end of the *187building, which appears not to have been the usual means of ingress, and while walking along a passageway stepped into an elevator well and received serious personal injuries. It appears from the evidence that on…
2Cited by4 opinions
- Thomas F. Maher v. Isthmian Steamship CompanyCourt of Appeals for the Second Circuit · 1958
- Sheehan v. CoffeyAppellate Division of the Supreme Court of the State of New York · 1922
- McGlyn v. JohnsonNew York Supreme Court · 1959
- Figliomeni v. Board of Education of the City School DistrictNew York Court of Appeals · 1975