Spitzer v. Healy
Appellate Division of the Supreme Court of the State of New York
Appeal by the' defendants, A. Augustus Healy and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of February, 1913, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on or about the 12th day of March, 1913, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The plaintiff, as administratrix of Joseph Spitzer, deceased, has recovered a judgment for damages for the» death of her intestate, caused, as it is alleged, by the negligence of appellants’ servant in operating an elevator. The appellants, owners of a loft building in the city of New York, had employed certain contractors named Smith to remove the old sheet iron partitions inclosing the elevator shafts in the building and to put up fireproof partitions in place thereof. Plaintiff’s intestate was an employee of the contractors and immediately before the accident had been working on…
2Cases cited2 opinions
- Lynch v. Elektron Manufacturing Co.New York Court of Appeals · 1909
- Andersen v. Thompson-Starrett Co.Appellate Division of the Supreme Court of the State of New York · 1912