Schmitt v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Metropolitan Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 1st day of July, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the-county of Kings, and also from an order entered in said clerk’s office on the 8th day of July, 1896, denying the defendant’s motion for a new trial made…
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Appeal by the defendant, The Metropolitan Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 1st day of July, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the-county of Kings, and also from an order entered in said clerk’s office on the 8th day of July, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J. :
In the early part of the year 1896 a corporation known as the Jackson Architectural Iron Works entered into a contract with the defendant to do certain work in the reconstruction of a number of elevator shafts in the Metropolitan Life Insurance Company’s building, on the corner of Madison avenue and Twenty-third street in the city of New York. As to one of these elevators, which was designated as No. 2, the agreement provided that it should continue to be used while the work was going on upon the shaft through which it ran. The plaintiff’s husband, Frederick Schmitt, was…
2Cases cited1 opinion
- Anderson v. Northern Mill Co.Supreme Court of Minnesota · 1890
3Cited by14 opinions
- Lucas v. WalkerCalifornia Court of Appeal · 1913
- Elenduck v. Crookston Lumber Co.Supreme Court of Minnesota · 1913
- McDermott v. StrausAppellate Division of the Supreme Court of the State of New York · 1908
- Maxwell v. ThomasAppellate Division of the Supreme Court of the State of New York · 1898
- McKeon v. Proctor & Gamble Manufacturing Co.New York Supreme Court · 1912
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