Rinando v. D. C. Weeks & Son
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Carmela Binando, as administratrix, from three judgments of the Supreme Court in favor of the respective defendants, entered in the office of the clerk of the county of New York on the 12th day of November, 1914, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case, and also from the order entered in said clerk’s office on the 4th day of December, 1914, pursuant to which the judgments were entered.
1Opinion of the Court
Laitghlin, J.:
On the 3d day of June, 1912, the decedent while in the employ of the defendant, the Arthur Greenfield, Inc., which was a subcontractor for the concrete work on a building which was being erected at No. 18 Walker street, borough of Manhattan, New York, by the defendant D. 0. Weeks & Son as the general contractor, and while leaning over a hoist elevator shaft, was struck by a descending elevator. He died from the injuries thus received, and this is a statutory action to recover damages therefor. The action is predicated on negligence in failing to guard the opening on the floor of…
2Cases cited10 opinions
- Sackheim v. . PigueronNew York Court of Appeals · 1915
- Fitzwater v. . WarrenNew York Court of Appeals · 1912
- Bohnhoff v. . FischerNew York Court of Appeals · 1914
- Maloney v. . Cunard Steamship Co.New York Court of Appeals · 1916
- McDermott v. StrausAppellate Division of the Supreme Court of the State of New York · 1908
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