Ebberman v. Walther & Co.

Cochrane, P. J.:

The duties of the deceased employee were on the fifth floor of the building. Stairways led to the various floors. There was also a freight elevator connecting them. The deceased reported for duty and was seen to approach the elevator at the first floor, raise the gate, and step in, apparently thinking the floor of the elevator was flush with the first floor of the building. The elevator was not there. He stepped into vacancy, fell to the basement, and lost his life. There was an operator employed to use the elevator. He reported for duty at seven-thirty a. m. The accident…