Baker v. Otis Elevator Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William W. Baker, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 24th day of December, 1900, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s evidence on a trial at the Westchester Trial Term, and also from an order entered in said clerk’s office-on the-l'lth day of January, 1901, denying the plaintiff’s motion for a…
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Appeal by the plaintiff, William W. Baker, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 24th day of December, 1900, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s evidence on a trial at the Westchester Trial Term, and also from an order entered in said clerk’s office-on the-l'lth day of January, 1901, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
The plaintiff seeks to recover damages for injuries sustained by him while engaged in fighting a fire in the defendant’s factory in Yonkers, the complaint alleging negligence on the part of the defendant in leaving an elevator well open and unguarded. The complaint was dismissed at the close of plaintiff’s evidence, and appeal comes to this court.
The facts which may be deemed to have been established by the evidence are that on the 1st day of September, 1899, a fire broke out in the factory of the defendant at about five o’clock in the morning, and' while it was yet dark, the…
2Cases cited1 opinion
- Malloy v. New York Real Estate Ass'nNew York Court of Appeals · 1898
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