Woerz v. Rosenfeld
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Hattie Rosenfeld and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Bronx on the 6th day of December, 1919, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 19th day of December, 1919, denying said defendants’ motions to set aside the verdict and for a new trial in an action against defendants as owners of an apartment…
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Appeal by the defendants, Hattie Rosenfeld and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Bronx on the 6th day of December, 1919, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 19th day of December, 1919, denying said defendants’ motions to set aside the verdict and for a new trial in an action against defendants as owners of an apartment house for personal injuries alleged to have been received by the plaintiff on the premises aforesaid due to the negligence…
1Opinion of the Court
Greenbaum, J.:
Plaintiff at the time of the accident on January 7, 1916, was nine years, eleven months old. Her mother was the janitress of the apartment house in question. While using and manipulating a dumbwaiter in the rear of the cellar, which was a considerable *20distance removed from the living quarters of her parents, the plaintiff was seriously injured. The evidence is undisputed that the accident occurred in the performance of work in assisting her mother, who with her husband alone was authorized to use the dumbwaiter in' the cellar in order to remove garbage for the various tenants in…
2Cases cited2 opinions
- Goldberg v. . Borden's Condensed Milk Co.New York Court of Appeals · 1920
- Goldberg v. Borden's Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1918
3Cited by1 opinion
- Alfino v. Manufacturers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1944