Rosen v. Pottebaum
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sadie Rosen, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 15th day of January, 1912, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the New York Trial Term, and also from an. order entered in said clerk’s office on the 29th day of January, 1912, denying the plaintiff’s motion for a new trial made upon…
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Appeal by the plaintiff, Sadie Rosen, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 15th day of January, 1912, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the New York Trial Term, and also from an. order entered in said clerk’s office on the 29th day of January, 1912, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The action is for negligence. The plaintiff was injured by. the breaking of the. operating rope attached to a dumbwaiter used in common by different tenants in a tenement house owned by the defendant. The dumbwaiter was hung by a rope passing through a pulley at the top of the shaft and having a weight attached at the other end. Another rope, called the operating rope, ran through a pulley at ■ the top of the shaft and by means of couplings was attached to the other rope. The plaintiff was pulling on the operating rope to raise the dumbwaiter when that rope with the coupling…
2Cited by1 opinion
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