Bellos v. Athens Hotel Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Stathes Bellos against the Athens Hotel Company. From a judgment dismissing complaint at the close of plaintiff’s case, plaintiff appeals. Reversed, and new trial granted.
1Opinion of the CourtBijur, J.
This action was brought to recover damages for personal injuries suffered by an employé in knocking down a wall. He was a steward in the employ of defendant, whose officer put him to work to help destroy this wall, and when plaintiff pointed out that the wall was shaky, and might fall, the officer told him that he would *1043let him know if there was any danger of the wall falling. It did, however, fall without any warning, and plaintiff was injured.
[1] The motion to dismiss was made on the ground that no negligence of the defendant was shown; but it is evident that plaintiff .was entitled to go…
2Cases cited3 opinions
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
- McCarton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- Leddy v. CarleyNew York Supreme Court · 1912