Kolacki v. American Sugar Refining Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant from a judgment of the Supreme Cotut, entered in the office of the clerk of the county of Kings on the 3d day of June, 1915, in favor of the plaintiff, and also from an order entered on the 17th day of June, 1915, denying a motion for a new trial.
1Per curiam
The defendant’s servant entered the well of an elevator to pick up some bags that had been taken from him and thrown there by a foreman who had charge of the things stored in the basement, where the decedent had procured the articles, as he was ordered to do by his own foreman, who was in a connecting building. A descending elevator killed him. The defendant had provided a sufficient bar to preclude entrance to the well, the bottom of which was- a few inches below the floor of the basement. There was sufficient evidence that the bar was not in place, and that in practice it was kept lifted so…
2Cases cited1 opinion
- Lynch v. Elektron Manufacturing Co.New York Court of Appeals · 1909