Lowry v. Anderson Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Anderson Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 25th day of January, 1904, upon the verdict of a jury for $2,500, and.also from an order entered in said clerk’s office on the 13th day of February, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Spring, J.:
The appellant is a mercantile establishment in the city of Buffalo with nearly 200 employees. Percival E. Lowry, then a lad of fourteen years and six months, was employed by it as a cash boy in June, 1903, and continued in its employ until September eleventh following, when he met his death by falling down an elevator shaft in its store.
The elevator was in the rear of the building and was used principally in the carriage of freight and ran in a shaft extending from the basement up eight stories. The power used in running it was hydraulic, and it was operated by a rope or cable…
2Cases cited3 opinions
- Marino v. . LehmaierNew York Court of Appeals · 1903
- Brennan v. . GordonNew York Court of Appeals · 1890
- Gallenkamp v. Garvin Machine Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by5 opinions
- Inland Steel Co. v. YedinakIndiana Supreme Court · 1909
- Lee v. Sterling Silk Manufacturing Co.New York Supreme Court · 1905
- Schmidt v. Printing Business of BruenNew York Supreme Court · 1907
- Claim of Labish v. DeNoyelles Brick Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Kircher v. Iron Clad Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1909