Legal Opinion

Condran v. . Park Tilford

New York Court of Appeals

Decided January 5, 1915PublishedCited by 22 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 12,1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 12,1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was no part of the duties of the deceased to repair this elevator, and having volunteered to assist his brother Michael and to perform work involving unusual risks and dangers, of which he was or should have been aware, but of which his employer had no notice, his representatives may not now be heard to…

1Opinion of the CourtCardozo, J.

The plaintiff’s intestate, James Condran, for many years an employee of the defendant, Park & Tilford, met his death in the defendant’s store through the fall of a freight elevator. His brother, Michael, died at the same time. The defendant’s liability for the death of James is the subject of this action.

The elevator ran upon wooden guide rails at the sides of the hoistway. The cables which raised it were wound about a revolving drum. On November 18, 1910, the porters were hoisting casks of wine from the basement to the fourth or top floor. The elevator ran a few inches above the floor. The…

2Cases cited1 opinion

  1. Munsey v. WebbSupreme Court of the United States · 1913

3Cited by22 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Di Sabato v. SoffesAppellate Division of the Supreme Court of the State of New York · 1959
  3. Spivey v. St. Thomas HospitalCourt of Appeals of Tennessee · 1947
  4. The Matter of New York City Asbestos Litigation , Doris Kay Dummitt v. A.W. Chesterton , The Matter of Eighth Judicial District Asbestos Litigation , Joann H. Suttner v. A.W. Chesterton CompanyNew York Court of Appeals · 2016
  5. Parnell v. Holland Furnace Co.Appellate Division of the Supreme Court of the State of New York · 1932

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