Simon v. Ora Realty Corp.

The plaintiff, a boy thirteen years of age, and his twin brother were requested by the defendant’s janitor to assist in hoisting loaded ash cans from the cellar of a tenement house to the sidewalk. The plaintiff was injured when one of the cans fell back into the shaftway and fractured his leg. The can was being lifted by the janitor, who was on the *963sidewalk operating a hoisting crane. He had given instructions to the plaintiff’s brother to fasten the hoisting rope around the cans and secure it by “ hooking ” the end to the handles. This particular can, however, had no handles, and the…