Truax v. Knox
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William. C. Truax, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Fulton on the 18th day of May, 1918, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case, and also from the order of dismissal. The defendant owns an office building in Gloversville, N. Y., five stories high with elevator service.
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Appeal by the plaintiff, William. C. Truax, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Fulton on the 18th day of May, 1918, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case, and also from the order of dismissal. The defendant owns an office building in Gloversville, N. Y., five stories high with elevator service. The plaintiff was a tenant having an office on the fourth floor, and according to his testimony was entitled as such tenant to elevator service. Next to the elevator…
1Opinion of the Court
Cochrane, J.:
The defendant insists first that she was under no obligation to furnish a light and second that if such an obligation rested on her she met it by having a light in the intersecting hall which was extinguished by the plaintiff and his assistant on their way to the elevator.
As to the first proposition the defendant relies on Rohrbacher v. Gillig (203 N. Y. 413); Hilsenbeck v. Guhring (131 id. 674), and Brugher v. Buchtenkirch (167 id. 153). Those were all hallway cases. They establish that in the absence of a statutory requirement or of an express contract there is ordinarily no…
2Cases cited3 opinions
- Piper v. New York Central & Hudson River RailroadNew York Court of Appeals · 1898
- Rohrbacher v. . GilligNew York Court of Appeals · 1911
- Dailey v. DistlerAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Gibson v. HoppmanSupreme Court of Connecticut · 1928
- Brant v. Van ZandtSupreme Court of Florida · 1955
- Mulac v. Greentree Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1939