Cogswell v. Rochester Machine Screw Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Harriet J. Cogswell, from an order of the Supreme Court, made at the Monroe Trial Term and entered in the office of the clerk of the county of Monroe on the 16th day of June, 1898, granting the defendant’s motion for a new trial made upon the minutes, the jury having previously rendered a verdict for $5,000 in favor of the plaintiff.
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Appeal by the plaintiff, Harriet J. Cogswell, from an order of the Supreme Court, made at the Monroe Trial Term and entered in the office of the clerk of the county of Monroe on the 16th day of June, 1898, granting the defendant’s motion for a new trial made upon the minutes, the jury having previously rendered a verdict for $5,000 in favor of the plaintiff. At the time this action was brought the defendant, a domestic corporation, was the owner of a three-story brick building situated on Caledonia avenue in the city of Rochester. The first floor of the building was reached by means of a…
1Opinion of the Court
Adams, J.:
That the defendant was the owner of the building in which the ■elevator was operated; that the elevator was within its control, and that the young man Smith was in the service of the defendant at the time of the accident, are facts concerning which no controversy arises, and for the purposes of this appeal the verdict of the jury must be regarded as establishing the additional fact that Smith’s negligence, unaided by any concurring negligence upon the part of the plaintiff, caused the injuries of which the latter complains. It follows, therefore, that the defendant is liable, and…
2Cases cited2 opinions
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Keep v. WalshAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Morman v. Rochester Machine Screw Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Lang v. Lilley & Thurston Co.California Court of Appeal · 1912
- Einhorn v. West 67th Street Garage, Inc.Appellate Division of the Supreme Court of the State of New York · 1920