Wanamaker v. Otis Elevator Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Otis Elevator Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 9th day of July, 1918, upon the decision of the court after a trial before the court, a jury having been waived.
1Opinion of the Court
Kelly, J.:
The same questions are presented here as in action No. 1 between the same parties, decided herewith (186 App.. Div. 655). In this action, No. 2, the plaintiffs, respondents, sued to recover damages by reason of payments which they made in settlement of judgments recovered by Rachel R. Dutcher, Margaret Mack and J. Stewart *662Mack, her husband, the latter action being for loss of services. The two women, Butcher and Mack, were passengers in the elevator which fell on April 27, 1909, and were injured at the same time as Mrs. Bumetsch, whose recovery was the subject of action No. 1. The…
2Cases cited2 opinions
- Rumetsch v. John Wanamaker, New York Inc.New York Court of Appeals · 1915
- Mack v. WanamakerAppellate Division of the Supreme Court of the State of New York · 1913