Krause v. Robert Gair Co.
Appellate Division of the Supreme Court of the State of New York
Exceptions ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term on the 25th day of January, 1909.
1Opinion of the Court
Jenks, J.:
This is an action by servant against master for negligence. The servant’s duty required him to go out from one of the master’s shops into another. Instead of descending the stairways of the first workshop he used a freight lift or elevator that was descending, loaded with wares and carrying certain other employees. The lift fell and the plaintiff was injured. The servant had worked for the master for seven years, had left that service, had returned to it and had worked in his second term for a month. It appeared that notices were put up near the freight lifts with the legend, “ This…
2Cases cited3 opinions
- McNee v. Coburn Trolley Track Co.Massachusetts Supreme Judicial Court · 1898
- Aken v. BarnetAppellate Division of the Supreme Court of the State of New York · 1907
- Aken v. . Barnet Aufsesser Knitting CompanyNew York Court of Appeals · 1908
3Cited by1 opinion
- McKeon v. Proctor & Gamble Manufacturing Co.New York Supreme Court · 1912