Baker v. Otis Elevator Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Westchester county. Action by William W. Baker against the Otis Elevator Company. Judgment dismissing plaintiff’s complaint at the close of his evidence, and he appeals. Affirmed.
1Opinion of the CourtWoodward, J.
The plaintiff seeks to recover damages for injuries sustained by him while engaged in fighting a fire in the defendant’s factory in Yonkers, the complaint alleging negligence on the part of the defendant in leaving an elevator well open and without being guarded. The complaint was dismissed at the close of plaintiff’s evidence, and appeal comes to this court.
The facts which may be deemed to have been established by the evidence are that on the 1st day of September, 1899, a fire broke out in the factory of the defendant at about 5 o’clock in the morning, and while it was yet dark, the weather…
2Cases cited2 opinions
- McRickard v. . FlintNew York Court of Appeals · 1889
- Malloy v. New York Real Estate Ass'nNew York Court of Appeals · 1898
3Cited by4 opinions
- Lunt v. Post Printing & Publishing Co.Supreme Court of Colorado · 1910
- Nared v. School Dist. of Omaha in Cty. of DouglasNebraska Supreme Court · 1974
- Casey v. AdamsAppellate Court of Illinois · 1907
- Hart v. Shastri Narayan Swaroop, Inc.Court of Appeals of Maryland · 2005