Legal Opinion

McGrell v. Buffalo Office Building Co.

New York Court of Appeals

Decided June 8, 1897PublishedCited by 31 opinions

Appeal froin a judgment and order of the General Term of the Supreme Court in the fifth judicial department, entered November 8, 1895, which reversed a judgment in favor of defendant entered upon a nonsuit, and also reversed an order denying the plaintiff’s motion for a new trial made upon the minutes of the trial judge. The nature of the action and the facts, so far as material, are stated in the opinion. There was no evidence showing negligence on defendant’s part.

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Appeal froin a judgment and order of the General Term of the Supreme Court in the fifth judicial department, entered November 8, 1895, which reversed a judgment in favor of defendant entered upon a nonsuit, and also reversed an order denying the plaintiff’s motion for a new trial made upon the minutes of the trial judge. The nature of the action and the facts, so far as material, are stated in the opinion. There was no evidence showing negligence on defendant’s part. (Laffin v. B. & S. R. R. Co., 106 N. Y. 136; Loftus v. U. F. Co., 84 N. Y. 455 ; Frobisher v. F. A. T. Co., 151 N. Y. 431;…

1Opinion of the CourtMartin, J.

This action was to recover damages occasioned hy the death of the plaintiff’s intestate upon the theory that it was caused by the negligence of the defendant. The decedent was killed in one of the passenger elevators operated by the defendant in its ten-story office building in the city of Buffalo.

The negligence charged in the complaint is that the elevator, at the time of the decedent’s injury, was so unskillfully operated as to cause a violent jolt which threw her against the bars in the shaft or well of the elevator, the defendant’s omission to provide any door to the car or to properly…

2Cases cited12 opinions

  1. Lafflin v. . Buffalo Southwestern R.R. Co.New York Court of Appeals · 1887
  2. Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
  3. Kelly v. Manhattan Railway Co.New York Court of Appeals · 1889
  4. Loftus v. . Union Ferry Company of BrooklynNew York Court of Appeals · 1881
  5. Putnam v. . B'dway Seventh Ave. R.R. Co.New York Court of Appeals · 1873

7 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Griffen v. . ManiceNew York Court of Appeals · 1901
  2. Tippecanoe Loan & Trust Co. v. JesterIndiana Supreme Court · 1913
  3. De Salvo v. Stanley-Mark-Strand Corp.New York Court of Appeals · 1939
  4. McKnight v. S. S. Kresge Co.Supreme Court of Pennsylvania · 1926
  5. Gibson v. International Trust Co.Massachusetts Supreme Judicial Court · 1900

26 more not listed; retrieve them via the Exa API.

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