Tousey v. . Roberts
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made July 2, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made July 2, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. The material facts are stated in the opinion. The plaintiff was guilty of contributory negligence, as a matter of law, in stepping into the shaft under the circumstances, the hallway being light, the elevator making considerable noise in coming down and she not looldng before she…
1Opinion of the Court
Follett, Ch. J.
In 1883, the defendant owned a house on West Fifty-sixth street in the city of New York, known as “ The Winfield,” which was divided into apartments. The plaintiff’s husband had a written lease from the defendant of an apartment on the fourth floor, in which the plaintiff and her husband dwelt. The usual mode of going to and from this apartment was by an elevator which was operated by the defendant for the accommodation of the occupants of the building. The elevator shaft extended seven feet below the ground floor. The door through which the car was entered from this floor was…
2Cases cited2 opinions
- Beaver v. TaylorSupreme Court of the United States · 1876
- Walsh v. . KellyNew York Court of Appeals · 1869
3Cited by63 opinions
- Cole v. German Savings & Loan Soc.Court of Appeals for the Eighth Circuit · 1903
- Lemos v. MaddenWyoming Supreme Court · 1921
- Sackheim v. . PigueronNew York Court of Appeals · 1915
- Springer v. FordIllinois Supreme Court · 1901
- Colorado Mortgage & Investment Co. v. ReesSupreme Court of Colorado · 1895
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