O'Brien v. Raynolds
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Annie O’Brien, as administratrix, from a judgment of the Supreme Court in favor of the defendant, entered in the office' of the clerk of the county of New York on the 23d day of March, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
This is a statutory action tb recover for the death of plaintiff’s intestate alleged to have been caused by the negligence of the defendant in failing to keep a passenger elevator, which he operated in an apartment house owned by him, in proper order and repair, in consequence of which an operating cable broke while the elevator was descending and the elevator became unmanageable and decedent, who was lawfully riding therein, was killed.
It was stipulated in behalf of defendant that the operating cable broke while the elevator was descending. That cable was three-eighths of an…
2Cases cited6 opinions
- Dougherty v. . MillikenNew York Court of Appeals · 1900
- Walker v. FieldsSupreme Court of Georgia · 1859
- Sanford v. Spivey ex rel. BateTennessee Supreme Court · 1859
- Moyer v. . New York Central and Hudson River Railroad Co.New York Court of Appeals · 1885
- O'Doherty v. Postal Telegraph-Cable Co.Appellate Division of the Supreme Court of the State of New York · 1906
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