McDonnell v. . Gerken

This action was brought to recover damages for personal injuries alleged to have been sustained by the plaintiff by reason of the negligence of the defendants in operating a passenger elevator controlled by them. The plaintiff had a verdict upon which judgment was entered and an appeal then taken by defendants to the Appellate Division where the judgment was reversed and the complaint dismissed. The plaintiff then appealed to this court and while the appeal was pending, and before the same had been argued, Gerken (one of the defendants) died. The plaintiff then made this motion to substitute…