Malloy v. New York Real Estate Ass'n
New York Court of Appeals
Appeal from a judgment of the General Term of the late Superior Court of the city of Eew York, entered July 22, 1895, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages for personal injuries, alleged to have been caused by the negligence of defendants. The facts, so far as material, are stated in the opinion. Eo negligence was proven against the defendant-appellant.
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Appeal from a judgment of the General Term of the late Superior Court of the city of Eew York, entered July 22, 1895, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages for personal injuries, alleged to have been caused by the negligence of defendants. The facts, so far as material, are stated in the opinion. Eo negligence was proven against the defendant-appellant. (L. 1890, ch. 398; Flannigan v. American G. Co., 11 N. Y. Supp. 688; L. 1887, ch. 566, § 15; Boehm v. Mace, 18 N. Y. Supp.…
1Opinion of the Court
Parker, Ch. J.
The defendant, in May, 1890, owned, but did not occupy the premises 19-21 Thomas street, 27ew York. It leased the ground floor, cellar and sub-cellar to J. L. Bailey & Oo. and Jonas Brooks & Co., and all of the rest of the building to Porter Bros. & Oo. A steam freight elevator ran from the top floor to the sub-cellar, the motive power being furnished by the defendant. The operation of the elevator was entirely controlled by the tenants. On every floor except the ground floor there were trap doors. At the latter the elevator shaft was five feet and ten inches inside of the…
2Cases cited1 opinion
- McRickard v. . FlintNew York Court of Appeals · 1889
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- Staley v. Theo. Hamm Brewing Co.Supreme Court of Minnesota · 1919
- Baker v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Baker v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1903
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