Legal Opinion

Klein v. Fraser

Appellate Division of the Supreme Court of the State of New York

Decided November 19, 1915PublishedCited by 6 opinions

Appeal by the defendant, Mary L. Fraser, 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 2d day of April, 1915, upon the verdict of a jury for $7,000, and also from an order entered in said clerk’s office on the 14th day of April, 1915, denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

SCOTT, J.:

The plaintiff was injured while a passenger in an elevator car in a loft building owned by defendant. The car was crowded with passengers on its downward trip, and for some reason did not stop at the bottom or ground floor, but ran onto the springs or bumpers in the bottom of the well, rebounding so that when it stopped the floor of the car was about eighteen inches lower than the floor of the hallway. No one but the plaintiff seems to have been injured, but the other passengers in the car were apparently thrown into something of a panic, in the course of which plaintiff was thrown…

2Cases cited2 opinions

  1. Griffen v. . ManiceNew York Court of Appeals · 1901
  2. Sweeney v. Edison Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1913

3Cited by6 opinions

  1. Courter v. Dilbert Bros.Appellate Terms of the Supreme Court of New York · 1959
  2. Schulz v. FinnAppellate Division of the Supreme Court of the State of New York · 1947
  3. Courtney v. Gainsborough StudiosAppellate Division of the Supreme Court of the State of New York · 1919
  4. Great Atlantic & Pacific Tea Co. v. Kennebec Water DistrictSupreme Judicial Court of Maine · 1943
  5. Dierman v. Providence HospitalCalifornia Supreme Court · 1947

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