McDonnell v. Gerken
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Berent C. Gerken and others, 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 16th day of January, 1920, on the verdict of a jury for $15,000, and also from an order entered in said clerk’s office on the 30th day of January, 1920, denying defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Page, J.:
The case was submitted to the jury on the theory that the freight elevator in the premises was of an obviously dangerous construction, wrongfully and unlawfully maintained.
The plaintiff was employed by the subtenant of the two upper floors of a building owned and constructed by the defendant Gerken and leased to the defendants Adler and Eckstein who occupied the first and second floors. An elevator shaft of brick extended from the ground floor to the roof on the west side of the front of the building. On the opposite side was a stairway leading to all the floors of the building. In…
2Cases cited1 opinion
- Glover v. Holbrook, Cabot & Rollins Corp.Appellate Division of the Supreme Court of the State of New York · 1919
3Cited by2 opinions
- Pearson v. Kansas CitySupreme Court of Missouri · 1932
- Trampusch v. KastnerAppellate Division of the Supreme Court of the State of New York · 1935