Cholet v. City of Syracuse
Appellate Division of the Supreme Court of the State of New York
Judgment and order reversed and new trial ordered, with costs to the appellant to abide event upon questions of law only, the facts having been examined and no error found therein. Held, that as matter of law the evidence failed to establish actionable negligence on the part of defendant or freedom from contributory negligence on the part of the deceased. All concurred, except Spring and Hiscock, JJ., who dissented in an opinion by Hiscock, J.
1DissentHiscock, J.
I dissent. This action was brought to recover
damagesv for the death of plaintiff’s intestate and husband alleged to have been caused by the negligence of the defendant. Said intestate was found dead at the bottom of an elevator shaft in the city hall owned and occupied by the defendant. Nobody saw the accident. It is claimed by the plaintiff that while employed by the defendant for the purpose of repairing the elevator running in said shaft he attempted to enter, said elevator and that the latter, without his knowledge, having been moved from the floor where he had left it, he’ was…
2Cases cited6 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1885
- Bond v. . SmithNew York Court of Appeals · 1889
- Schafer v. Mayor of New YorkNew York Court of Appeals · 1897
- Quill v. MayorAppellate Division of the Supreme Court of the State of New York · 1899
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