Legal Opinion

Malloy v. New York Real Estate Ass'n

The Superior Court of New York City

Decided July 1, 1895Published

Appeal from a judgment entered on a verdict, and from orders denying motions for new trials.

1Opinion of the CourtMcAdam, J.

— The plaintiff, a drayman, having been injured on May 29, 1890, by falling down a freight elevator shaft at Nos. 10 and 21 Thomas street, this city, brought suit against the New York Eeal-Estate Association, a domestic corporation, which owns the building, and Nathan T. Porter and his copartners, who, under the firm name of Porter Bros. & Co., were lessees of all that part of the building above the store floor. Preceding the accident, one Maxson, an employe of Porter Bros. & Co., raised the elevator up to their floor. While it was there, the plaintiff, seeing the guard chain hung to one side…

2Cases cited5 opinions

  1. Willy v. . MulledyNew York Court of Appeals · 1879
  2. McRickard v. . FlintNew York Court of Appeals · 1889
  3. McAlpin v. . PowellNew York Court of Appeals · 1877
  4. Knupfle v. . Knickerbocker Ice CompanyNew York Court of Appeals · 1881
  5. Donnelly v. JenkinsNew York Court of Common Pleas · 1880

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