Burns v. Nichols Chemical Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Nichols Chemical Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 19th day of April, 1901, upon the verdict of a jury for $900, and also from an order entered in said clerk’s office on the 11th day of May, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
GrOODEICH, P. J.:
On June 17, 1900, after daylight, the plaintiff was injured by falling through an elevator opening in a platform at the defendant’s factory in the borough of Queens. He has recovered a judgment, from which, and from the order denying a new trial, the defendant apj)eals.
It appeared by the evidence of the plaintiff that the platform in question is of iron and about fifty feet square. It was used by workmen in the operation of the defendant’s business, elevators passing through it. There are trap doors in the platform, five or six feet square, which open and close, and when…
2Cases cited3 opinions
- Knisley v. . PrattNew York Court of Appeals · 1896
- Crown v. . OrrNew York Court of Appeals · 1893
- Freeman v. Glens Falls Paper-Mill Co.New York Supreme Court · 1893
3Cited by1 opinion
- Krug v. American Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1907