Legal Opinion

Nichols v. Searle Manufacturing Co.

Appellate Division of the Supreme Court of the State of New York

Decided September 15, 1909PublishedCited by 2 opinions

Appeal by the defendant, Searle Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 15th day of January, 1909, upon a verdict of the jury for $5,000, and also from an order entered in said clerk’s office on the 13th day of February, 1909, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Cochrane, J.:

The plaintiff has recovered a verdict for the negligence of the defendant in causing the death of his son sixteen years of age. The defendant is engaged, in the business of manufacturing collars and cuffs in the city of Troy, and had in its employ at the time of the accident about 400 servants. The plaintiff, as one of such servants, was killed in an elevator.

The building in which defendant conducted its operations consisted of two stories and a basement. The elevator traveled in a shaft extending from the basement to the second story. It had no attendant and was operated by a…

2Cited by2 opinions

  1. Hull v. DavenportWashington Supreme Court · 1916
  2. Goldberg v. HermanAppellate Division of the Supreme Court of the State of New York · 1910

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