Denenfeld v. Baumann
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bernard Denenfeld, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county óf New York on the 15th day of February, 1897, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
Read the full summary
Appeal by the plaintiff, Bernard Denenfeld, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county óf New York on the 15th day of February, 1897, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term. After the entry of the judgment appealed from, Thomas 0. Lyman, who was one of the original' defendants, died, and his •executors were thereupon substituted in his place and stead for the prosecution of the appeal.
1Opinion of the Court
Patterson, J.:
This action to recover damages for personal injuries, caused to the plaintiff by the falling of an elevator, was originally brought against Thomas C. Lyman, the owner of a building in which the elevator was operated, and Baumann and Froehlich, his tenants. The complaint charged both the landlord and tenant with negligence, that of the former consisting, according to the allegations of the complaint, in neglecting to furnish'the plaintiff with reasonably safe and proper machinery for operating and running the elevator and in failing to ■employ skillful and competent engineers and…
2Cases cited5 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Cullen v. . NortonNew York Court of Appeals · 1891
- Slater v. . JewettNew York Court of Appeals · 1881
- Hankins v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1894
- Garrison v. McCulloughAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
- People v. Cory, New York County Courts1925
- Ward v. RogerNew York Supreme Court · 1906
- Montgomery v. BoydAppellate Division of the Supreme Court of the State of New York · 1903