Fink v. Hartog & Beinhauer Candy Co.
Appellate Division of the Supreme Court of the State of New York
Appeal . by the defendant, the Hartog and Beinhauer Candy. Company, from a judgment of the'Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county óf Kings on the 6th day of May, 1905, upon the verdict of a jury for $7,500, and also from an .order entered in said clerk’s office on the.23d day of May, 1905, denying the defendant’s motion for a new trial made upon the minutes. ' ■ ' ■ The action is for damages for personal injuries.
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Appeal . by the defendant, the Hartog and Beinhauer Candy. Company, from a judgment of the'Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county óf Kings on the 6th day of May, 1905, upon the verdict of a jury for $7,500, and also from an .order entered in said clerk’s office on the.23d day of May, 1905, denying the defendant’s motion for a new trial made upon the minutes. ' ■ ' ■ The action is for damages for personal injuries. The'plaintiff worked for the defendant in its candy factory, and fell through the elevator shaft from the third floor to the…
1Opinion of the Court
Gaynor, J.:
The plaintiff testified that he went up alone from the ground floor to the third floor by the. elevator with a hand truck - to ,get some boxes of candy; that he stopped the elevator and wheeled his-truck off some considerable distance to the middle of the floor and loaded it; that he then "pulled it over to within four or five-feet from the elevator; noticed that-the elevator platform was about an inch above the room floor, and went upon it and let it down level with the floor; that it stopped there, and he immediately stepped off and took hold of his truck and pulled it to the…
2Cases cited1 opinion
- Dieboldt v. United States Baking Co.New York Supreme Court · 1893
3Cited by1 opinion
- Sackheim v. . PigueronNew York Court of Appeals · 1915