Schwartz v. Onward Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Schwartz, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 24th day of December, 1906, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 21st day of December, 1906, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J. :
The action was brought to recover for the injuries sustained by the plaintiff while engaged in working in an elevator shaft in a building occupied by the defendant. The complaint alleges that while the plaintiff was so engaged the defendant, by its servants, agents or employees, was running an elevator in said shaft in which the plaintiff was at work, and in so 'doing the defendant, by its servants, agents or employees, ran the same in such a careless, negligent and reckless manner as to bring the same down upon the plaintiff, inflicting upon him severe injuries which resulted…
2Cases cited1 opinion
- McDermott v. StrausAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Schwartz v. Onward Const. Co.Appellate Division of the Supreme Court of the State of New York · 1910