Martin v. Cornell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Casper Martin, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the cleric of the county of Mew York on the 23d day of June, 1909, upon the dismissal of the complaint by direction of the court at the .close of plaintiff’s case on a trial at the Mew York Triad Term.
1Opinion of the Court
Miller, J.:
The plaintiff was employed to run an elevator in the defendants’ factory. The foreman got into the elevator with him and ran it up to the third floor where the plaintiff had a bundle to deliver. The plaintiff testified that the foreman said to him, “you deliver that bundle and I wait for you till you come back and you take me up *586to the fourth floor.” The plaintiff delivered his bundle) returned to the elevator shaft and finding the chain down and the d.oór partly open, he attempted to step upon the elevator and fell to thei bottom of the shaft. In the meantime the elevator had been…
2Cases cited5 opinions
- McHugh v. Manhattan Railway Co.New York Court of Appeals · 1904
- McPhee v. New England Structural Co.Massachusetts Supreme Judicial Court · 1905
- McBride v. New York Tunnel Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Gallagher v. . NewmanNew York Court of Appeals · 1908
- McBride v. . New York Tunnel CompanyNew York Court of Appeals · 1907
3Cited by1 opinion
- F. W. Woolworth Co. v. DavisCourt of Appeals for the Tenth Circuit · 1930