Harris v. . Perry
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, in favor of plaintiff, entered upon an order made December 16,1880, which overruled defendants’ exceptions and directed judgment on a verdict. (Reported below, 23 Hun, 244.) This action was brought to recover damages for injuries alleged to have been occasioned by defendants’ negligence. The material facts are stated in the opinion.
1Opinion of the CourtDanforth, J.
Certain facts are undisputed. The plaintiff fell through a hoistway or elevator hole, from the basement into the sub-cellar of premises, Yo 84 Beekman street in the city of Yew York, and was injured. At the time of the accident the building was owned by the estate of one Andrews and was in the actual possession of two firms, Hayden, Gere & Co., and these defendants. Each firm occupied certain portions of the premises separately, but had a common right to use a shipping-room in the basement and an elevator or hoist-way which was for goods only and ran from the sub-cellar up to the upper floor…
2Cases cited5 opinions
- Willy v. . MulledyNew York Court of Appeals · 1879
- Stackus v. New York Central & Hudson River RailroadNew York Court of Appeals · 1880
- Moore v. . GoedelNew York Court of Appeals · 1866
- Totten v. . PhippsNew York Court of Appeals · 1873
- Kaiser v. HirthThe Superior Court of New York City · 1873
3Cited by20 opinions
- Fuld v. Burr Brewing Co.New York Court of Common Pleas · 1892
- Spencer v. McManusNew York Supreme Court · 1894
- Staley v. Theo. Hamm Brewing Co.Supreme Court of Minnesota · 1919
- Haupt v. New York Central & Hudson River RailroadAppellate Terms of the Supreme Court of New York · 1897
- Aschenbach v. KeeneAppellate Terms of the Supreme Court of New York · 1905
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