Maxwell v. Thomas
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William J. Maxwell, an infant, by Mary E. Maxwell, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 13th day of ¡November, 1897, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Willard Bartlett, J.:
At the close of the evidence in behalf of the plaintiff, his complaint was properly dismissed, because the proof showed that he had been guilty of contributory negligence. He was engaged in doing work as a truckman for the defendants, who were manufacturers of shoes, having a factory in Brooklyn. There was an elevator in this establishment, upon which goods were carried to and from a platorm which was over the sidewalk in front of the factory. A door opened from the elevator shaft upon this platform. It slid up and down, and the habit of the person operating the elevator…
2Cases cited1 opinion
- Schmitt v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- Sackheim v. . PigueronNew York Court of Appeals · 1915
- F. W. Woolworth Co. v. DavisCourt of Appeals for the Tenth Circuit · 1930
- Johnson v. MauNorth Dakota Supreme Court · 1931
- Brudie v. Renault-Freres Selling Branch, Inc.Appellate Division of the Supreme Court of the State of New York · 1910