Karpeles v. . Heine
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in 'the first judicial department, entered January 7, 1918, affirming a judgment in favor of defendants entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in charging that if the infant plaintiff was guilty of contributory negligence he could not recover. (Gallenkamp v. Garvin Machine Co., 91 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in 'the first judicial department, entered January 7, 1918, affirming a judgment in favor of defendants entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in charging that if the infant plaintiff was guilty of contributory negligence he could not recover. (Gallenkamp v. Garvin Machine Co., 91 App. Div. 147; 179 N. Y. 588; Kircher v. I. C. Mfg. Co., 134 App. Div. 144; 200 N. Y. 587; Lee v. S. S. Mfg. Co., 134 App. Div. 123; Lowry v. Anderson Co., 96…
1Opinion of the CourtChase, J.
The plaintiff at the times herein mentioned was a boy about two months less than fourteen years of age, living with his father and mother on the sixth floor of a tenement house, and is described as “ very healthy and very smart.” The house contained twenty-four apartments and the owners maintained therein an elevator for the use of the tenants. They also employed a superintendent who had authority to employ a person to run the elevator for them. The plaintiff frequently rode on the elevator, and at times sought to manipulate the crank constituting the controller thereof. On the night before…
2Cases cited16 opinions
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Amberg v. . KinleyNew York Court of Appeals · 1915
- Taylor v. Lake Shore & Michigan Southern RailroadMichigan Supreme Court · 1881
- Marino v. . LehmaierNew York Court of Appeals · 1903
- Koester v. . Rochester Candy WorksNew York Court of Appeals · 1909
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3Cited by44 opinions
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- Martin v. HerzogNew York Court of Appeals · 1920
- Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948
- Runkel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953
- D.L. Ex Rel. Friederichs v. HuebnerWisconsin Supreme Court · 1983
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