Rumetsch v. John Wanamaker, New York Inc.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 10, 1913, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The Appellate Division in its order stated that the judgment is reversed upon questions of law only, and that the questions of fact involved in the case have been passed upon by it and affirmed.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 10, 1913, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The Appellate Division in its order stated that the judgment is reversed upon questions of law only, and that the questions of fact involved in the case have been passed upon by it and affirmed. The nature of the action and the facts, so far as material, are stated in the opinion. The court below was in error in holding that the evidence did not sustain a finding of…
1Opinion of the CourtChase, J.
On the afternoon of April 27, 1909, a passenger elevator in regular use at the well-known department store of the defendant in the city of New York suddenly fell. The plaintiff, among others, was in the elevator at the time of its fall, and sustained personal injuries for which this action is brought. The immediate cause of the fall was the breaking of two steel straps or supports, by which the elevator car was attached to certain I beams, a part of the elevator construction. A description of the straps and their relation to and connection with the elevator car and machinery is given by…
2Cases cited8 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Devlin v. . SmithNew York Court of Appeals · 1882
- Sciolaro v. . AschNew York Court of Appeals · 1910
- Stott v. ChurchillNew York Court of Common Pleas · 1895
- Grifhahn v. KreizerAppellate Division of the Supreme Court of the State of New York · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- John Wanamaker, New York, Inc. v. Otis Elevator Co.New York Court of Appeals · 1920
- Phegley v. GrahamSupreme Court of Missouri · 1948
- Suko v. Northwestern Ice & Cold Storage Co.Oregon Supreme Court · 1941
- Krueger v. North American Creameries Inc.North Dakota Supreme Court · 1947
- Coffey v. Dormitory AuthorityAppellate Division of the Supreme Court of the State of New York · 1966
4 more not listed; retrieve them via the Exa API.