Brudie v. Renault-Freres Selling Branch, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Annie Brudie, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 22d day of March, 1911, upon the dismissal of the complaint by direction of the court at the. close of plaintiff’s case on a trial at the New York Trial Term.
1Opinion of the Court
Scott, J.:
Appeal from a judgment for defendant upon a dismissal- of the complaint.
Upon a former appeal this court reversed a judgment in favor of the plaintiff because there was no evidence to show that the deceased had been free from contributory negligence. It is unnecessary to again recite the facts which were fully dealt with in the former opinion (138 App. Div. 112). The deceased fell into an unguarded elevator shaft on defendant’s premises in close proximity to the sidewalk. There was quite sufficient evidence to take the case to the jury on the question of defendant’s negligence. It…
2Cases cited1 opinion
- Brudie v. Renault-Freres Selling Branch, Inc.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by1 opinion
- Brudie v. Renault Freres Selling BranchAppellate Division of the Supreme Court of the State of New York · 1913