Sackheim v. . Pigueron
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 6, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The defendant is the owner of an eighteen or nineteen-story office building in the city of New York, and maintained and operated three elevators for the accommodation of his tenants.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 6, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The defendant is the owner of an eighteen or nineteen-story office building in the city of New York, and maintained and operated three elevators for the accommodation of his tenants. February 23, 1912, plaintiff’s intestate, a young lady employed as a bookkeeper and stenographer by one Oirincione, a tenant of defendant, met her death in the elevator…
1Opinion of the CourtHogan, J.
Two questions were argued on this appeal: First. Upon the evidence offered in behalf of plaintiff was the deceased as matter of law guilty of contributory negligence ?
Second. Was it incumbent upon defendant to plead and establish' as a defense negligence of the deceased ?
In the consideration of the first question we approach an examination of the evidence adduced by the plaintiff, controlled by two well-established rules: (a) The plaintiff is entitled to the most favorable inferences deducible from the evidence, and all disputed facts are to be treated as established in his behalf; (b) the…
2Cases cited22 opinions
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- In Re the Appraisal Under the Taxable Transfer Act of the Estate of DavisNew York Court of Appeals · 1896
- Laird v. . CartonNew York Court of Appeals · 1909
- Lazarus v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1895
- Tousey v. . RobertsNew York Court of Appeals · 1889
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3Cited by64 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Sampson v. ChannellCourt of Appeals for the First Circuit · 1940
- Ogdon v. GianakosIllinois Supreme Court · 1953
- Campbell v. New York Evening Post, Inc.New York Court of Appeals · 1927
- J. B. Preston Co. v. FunkhouserNew York Court of Appeals · 1933
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