Larkin v. Washington Mills Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James F. Larkin, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 24th day of June, 1899, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the Kings County Trial Term.
1Opinion of the Court
Woodward, J.:
The plaintiff, a man thirty-two years of age, was employed by the defendant in sorting and shipping goods from 74 and 76 Worth street, New York. The building is a five-story structure, the defendant occupying as a tenant the ground floor, basement, sub-cellar and fourth loft, the other lofts being used by other tenants. The building was equipped with a steam elevator, running from the sub-cellar to the last floor, but, being a freight elevator, no one was regularly employed to operate it, each of the several tenants making such use of the elevator car tis their business might…
2Cases cited5 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Probst v. . DelamaterNew York Court of Appeals · 1885
- Hankins v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1894
- Tomaselli v. John Griffiths Cycle Corp.Appellate Division of the Supreme Court of the State of New York · 1896
- McCarthy v. WashburnAppellate Division of the Supreme Court of the State of New York · 1899