Donnelly v. Jenkins
New York Court of Common Pleas
Appeal from a judgment of this court entered upon a verdict, and from an order denying a motion for a new trial upon the minutes. In February, 1873, the defendants were tenants of the building 233 William street, New York city. The defendants, Dunham & Russell, were bookbinders, and tenants on the floor above the street. The defendant, Jenkins, was a printer, and tenant of the upper floors.
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Appeal from a judgment of this court entered upon a verdict, and from an order denying a motion for a new trial upon the minutes. In February, 1873, the defendants were tenants of the building 233 William street, New York city. The defendants, Dunham & Russell, were bookbinders, and tenants on the floor above the street. The defendant, Jenkins, was a printer, and tenant of the upper floors. There was an elevator in the hallway of these premises, which was used by the tenants in common, and which was inclosed and had doors opening into the hallway on the first floor, upon which doors there…
1Opinion of the CourtVan Brunt, J.
[After stating the facts as above.]—We cannot hold, under the evidence in this case, that the maintenance of an elevator in the building Vas in itself a nuisance. The evidence shows that the elevator was properly inclosed, and that it was provided with doors which were to be kept shut when the elevator was not in use, and which were a reasonably efliee*43tual protection against accidents, and if under the circumstances of this case, the deceased opened the door of this elevator before he fell through it, he undoubtedly was guilty of contributive negligence. If the doors were shut, the stairs…
2Cases cited1 opinion
- Totten v. . PhippsNew York Court of Appeals · 1873
3Cited by6 opinions
- Staley v. Theo. Hamm Brewing Co.Supreme Court of Minnesota · 1919
- Jennings v. SchaickNew York Court of Appeals · 1888
- Hurl v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Denton v. KernochanNew York Court of Common Pleas · 1891
- Malloy v. New York Real Estate Ass'nThe Superior Court of New York City · 1895
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