Vandecar v. Universal Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the Universal Trust Company, the defendant in each of the above-entitled actions, from a judgment of the Supreme Court in favor of the plaintiff in each action, entered in the office of the clerk of the county of Kings on the 18th day of January, 1902, upon the verdict of a j ury, in the first action for $1,500, and in the second action for $200, and also an appeal by the defendant in each of the above-entitled actions, from an order entered in said clerk’s office…
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Appeal by the Universal Trust Company, the defendant in each of the above-entitled actions, from a judgment of the Supreme Court in favor of the plaintiff in each action, entered in the office of the clerk of the county of Kings on the 18th day of January, 1902, upon the verdict of a j ury, in the first action for $1,500, and in the second action for $200, and also an appeal by the defendant in each of the above-entitled actions, from an order entered in said clerk’s office on the 19th day of February, 1902, denying the defendant’s motion in each action for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
These are two actions for negligence growing out of the fall of a dumbwaiter in an apartment house owned by the defendant. One is brought by the tenant who was injured and the other by her husband. The dumbwaiter was caused to fall by the breaking of •the rope by which it was supported. The cases were tried together by consent. The accident which gave rise to the litigation occurred in September, 1900. A witness, Annie White, who was called in behalf of the plaintiffs, testified that she had formerly lived in the apartment house from August, 1896, to April, 1900; that…
2Cited by1 opinion
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