Zilver v. Robert Graves Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Robert Graves Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of New York on the 9th day of November, 1904, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 23d day of November, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
The plaintiff, on the 6th of October, 1903, sustained personal injuries by falling into an elevator shaft, and he brought this action to recover therefor, upon the ground that such injuries were caused by defendant’s negligence.
In his complaint; he alleged that at the time the injuries were sustained he was in the defendant’s employ, and having finished the work in which he was engaged, proceeded to the elevator shaft for the purpose of taking the elevator to the ground floor; that the door leading into the elevator was open at the time, although the car was not at that floor,…
2Cases cited3 opinions
- Stringham v. . HiltonNew York Court of Appeals · 1888
- Maloney v. MartinAppellate Division of the Supreme Court of the State of New York · 1903
- Earle v. Clyde Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Cross v. Passumpsic Fibre Leather Co.Supreme Court of Vermont · 1916
- Brown v. Western Union Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1966
- Putnam v. Pacific Monthly Co.Oregon Supreme Court · 1913