Ryan v. Cortland Carriage Goods Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Cortland Carriage Goods Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cortland on the 26th day of September, 1908, upon the verdict of a jury for $1,500. The action is for personal injuries received by the plaintiff while using a freight elevator in the defendant’s factory where he was employed.
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Appeal by the defendant, the Cortland Carriage Goods Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cortland on the 26th day of September, 1908, upon the verdict of a jury for $1,500. The action is for personal injuries received by the plaintiff while using a freight elevator in the defendant’s factory where he was employed. He arid another employee entered the elevator on the first or shipping room floor and started it up to go to the second floor. It was noticed that the' cable was getting loose and the plaintiff…
1Opinion of the Court
Chester, J.:
The accident was such an unusual one, and the cause thereof was so unique and peculiar that the case seems to fall within that class of cases which hold that the master in the exercise of reasonable diligence and prudence' cannot be charged with negligence for a failure to anticipate and guard against the accident. The elevator had been made and installed by a reputable manufacturer and was well built. No defects were shown in it, or in the mechanism for its operation which were approximate causes of the accident. It had been in successful operation without accident for several…
2Cases cited1 opinion
- Favro v. Troy & West Troy Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by6 opinions
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- Baylis v. WoodAppellate Division of the Supreme Court of the State of New York · 1935
- Duke v. American Museum of Natural HistoryAppellate Division of the Supreme Court of the State of New York · 1913
- Matter of Jaylynn WW. (Justin WW.--Roxanne WW.)Appellate Division of the Supreme Court of the State of New York · 2022
- Duncan v. International Committee of Young Men's Christian AssociationsAppellate Division of the Supreme Court of the State of New York · 1917
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