Wilcox v. . City of Rochester
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 19, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 19, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant, although a municipal corporation, was engaged solely in the discharge of governmental functions, in the operation and management of the police station, and cannot be held liable for any alleged negligence of the servants and employees necessarily engaged…
1Opinion of the CourtWillard Bartlett, J.
The city of Rochester has been held liable in this action for the alleged negligence of the persons having charge of the condition and operation of an elevator in a police station building in that city. The plaintiff was injured by falling to the bottom of the elevator well, through an open door in the elevator shaft. He was a journeyman sheet metal worker in the service of a firm of contractors who were employed to repair the roof of the police station. He had been working upon the roof on the day before the accident and had been in the elevator two or three times on that day, when the…
2Cases cited11 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Tousey v. . RobertsNew York Court of Appeals · 1889
- Snider v. City of St. PaulSupreme Court of Minnesota · 1892
- Gray v. Mayor of GriffinSupreme Court of Georgia · 1900
- Brown"s Adm'r v. Town of GuyandotteWest Virginia Supreme Court · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Weiss v. FoteNew York Court of Appeals · 1960
- Augustine v. Town of BrantNew York Court of Appeals · 1928
- Herman v. . Board of EducationNew York Court of Appeals · 1922
- Sackheim v. . PigueronNew York Court of Appeals · 1915
- City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
36 more not listed; retrieve them via the Exa API.