Legal Opinion

John Wanamaker, New York, Inc. v. Otis Elevator Co.

New York Court of Appeals

Decided February 24, 1920PublishedCited by 50 opinions

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 12,1919, unanimously affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. There was nothing whatsoever in the case to show that the Otis Company owed any duty to the Wanamaker Company.

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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 12,1919, unanimously affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. There was nothing whatsoever in the case to show that the Otis Company owed any duty to the Wanamaker Company. (Kahner v. Otis Elevator Co., 96 App. Div. 169; 183 N. Y. 512; MacPherson v. Buick Motor Co., 217 N. Y. 382; Statler v. Ray…

1Opinion of the CourtHogan, J.

The plaintiff, John Wanamaker, New York, Inc., hereinafter referred to as the “ Wanamaker Company,” has been for years engaged in conducting a department store in the city of New York. On April 27th, 1909, one of the elevators in said store, manufactured and installed by the defendant in October, 1907, pursuant to a contract between defendant and the Wanamaker • Company, fell, due to a break of two iron straps designed and used for the support of the hoisting cable of the elevator.

One Matilda Rumetsch, together with other patrons of the store, was in said elevator, and sustained injuries. She…

2Cases cited6 opinions

  1. MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
  2. Boston Woven Hose & Rubber Co. v. KendallMassachusetts Supreme Judicial Court · 1901
  3. Statler v. George A. Ray Manufacturing Co.New York Court of Appeals · 1909
  4. Murphy v. . City of YonkersNew York Court of Appeals · 1914
  5. Rumetsch v. John Wanamaker, New York Inc.New York Court of Appeals · 1915

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3Cited by50 opinions

  1. John Griffiths & Son Co. v. National Fireproofing Co.Illinois Supreme Court · 1923
  2. Rosebrock v. General Electric Co.New York Court of Appeals · 1923
  3. Smith v. Peerless Glass Co.New York Court of Appeals · 1932
  4. Mims Crane Service, Inc. v. Insley Mfg. Corp.District Court of Appeal of Florida · 1969
  5. Hedgebeth v. MedfordSupreme Court of New Jersey · 1977

45 more not listed; retrieve them via the Exa API.

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