Schiemann v. Musical Mutual Protective Union
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Schiemann, as administratrix, etc., from a judgment of the Supreme Court in favor of the respondent, entered in the office of the clerk of the county of New York on the 30th day of December, 1913, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case.
1Opinion of the Court
Clarke, J.:
Plaintiff’s intestate, a physician, fifty years of age, received the injuries which led to his death at the Yorkville Casino, 210 East Eighty-sixth street, owned and controlled by the defendant Naughton.
On January 19, 1911, at about nine-twenty P. M., Dr. Schiemann entered the east door of the building to attend a meeting of a lodge of which he was a member. He came in behind Mr. Hoefer, a witness on the trial. They passed to the elevator which was open and empty, the attendant being twelve to fifteen feet away talking to two other employees. Dr. Schie*321mann wore a shoe with a brace…
2Cases cited3 opinions
- Tousey v. . RobertsNew York Court of Appeals · 1889
- Jolliffe v. MillerAppellate Division of the Supreme Court of the State of New York · 1908
- Green v. Urban Contracting & Heating Co.Appellate Division of the Supreme Court of the State of New York · 1905