Machiea v. Hayden
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff for reargument or for leave to appeal to the Court of Appeals after a nonsuit granted at the Monroe Trial Term on the 16th day of October, 1913.
1Opinion of the Court
Per CuPviAM:
The motion for reargument should be denied. We think the rule of Morman v. Rochester Machine Screw Co. (53 App. Div. 497) and Sackheim v. Pigueron (215 N. Y. 62), on which plaintiff relies, does not apply. In each it was held to be a question of fact as to whether there was not an implied invitation to enter the elevator, excusing the degree of care otherwise necessary to ascertain whether the elevator was there. In the present ease there was no such invitation, and plaintiff knew that no door to the elevator well was operating automatically and that when he left the elevator a…
2Cases cited2 opinions
- Sackheim v. . PigueronNew York Court of Appeals · 1915
- Morman v. Rochester Machine Screw Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Unrein v. Oklahoma Hide Co.Supreme Court of Missouri · 1922