Stackpole v. Wray
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John H. Wray, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of November,. 1901, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office- on the 24th day of October, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The plaintiff’s intestate was a porter in the employ of the defendant and was killed by the fall of a freight elevator in the defendant’s warehouse upon which the plaintiff’s intestate was riding. The deceased and one Long were, on the 10th day of September, 1900, engaged in getting goods out of the warehouse, taking them upstairs and cleaning them; while thus engaged they placed certain bales of goods upon the elevator, got upon the elevator and started it up ; they stopped at the third floor to get a hand truck to use in unloading the elevator; as the elevator started to go up…
2Cases cited3 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Stringham v. . HiltonNew York Court of Appeals · 1888
- Hubener v. HeideAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Cohen v. CothealAppellate Division of the Supreme Court of the State of New York · 1913