Ingrafia v. Samuels
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Leopold Samuels, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 21st day of November, 1901, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 16th day of December, 1901, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Leopold Samuels, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 21st day of November, 1901, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 16th day of December, 1901, denying the defendant’s motion for a new trial made upon the minutes. The plaintiff as administratrix seeks to recover for the death of her daughter who was killed on the morning of February 27, 1901, while attempting to leave the elevator at the ground floor of the…
1Opinion of the Court
O’Brien, J.:
The evidence shows that the elevator was in perfect running order and that it could not have moved from the position where the operator left it unless some one had pulled the rope persistently and- with considerable force, thus making the connection with the electric motor. The testimony is no less conclusive that *18none of those in the car had touched the rope, for the peddler testified that he did not, and he separated from it the others who he says were facing outward. By elimination, thérefore, of other-causes, the only reasonable conclusion is that the elevator was-set in…
2Cases cited5 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Quin v. . MooreNew York Court of Appeals · 1857
- Lockwood v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1885
- Kelly v. Twenty-third Street Railway Co.New York Court of Common Pleas · 1888
3Cited by2 opinions
- Green v. Urban Contracting & Heating Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Sciolaro v. AschAppellate Division of the Supreme Court of the State of New York · 1908