Young v. . Mason Stable Co.
New York Court of Appeals
Appeal from a judgment, entered April 29, 1907, upon an order of the Appellate Division of the Supreme Court in the first judicial department overruling plaintiff’s exceptions, ordered to be heard, in the first instance, by the Appellate Division, denying a motion for a new trial and directing judgment for defendant upon the decision of the Trial Term dismissing the complaint. 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, entered April 29, 1907, upon an order of the Appellate Division of the Supreme Court in the first judicial department overruling plaintiff’s exceptions, ordered to be heard, in the first instance, by the Appellate Division, denying a motion for a new trial and directing judgment for defendant upon the decision of the Trial Term dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to refuse to submit the case to "the jury for determination, for the evidence given of the occurrence, with its…
1Opinion of the CourtWillard Bartlett, J.
The plaintiff, a floorman in the service of the defendant corporation, was injured by the fall of a freight elevator upon which he had just stepped in order to place thereon a carriage which he had been directed to send down from the third story of the defendant’s stable, where it was kept, to the ground floor where it was needed for use. The elevator was a simple, old-fashioned structure, operated by hand power, by means of an endless ropet passing over a wheel at the top of the elevator shaft. It was suspended from a wire cable three-quarters of an inch thick, the upper end of which was…
2Cases cited6 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Devlin v. . SmithNew York Court of Appeals · 1882
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
- Carlson v. Phoenix Bridge Co.New York Court of Appeals · 1892
- Byrne v. . Eastmans Co. of N.Y.New York Court of Appeals · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sand Springs Park v. SchraderSupreme Court of Oklahoma · 1921
- Coca-Cola Bottling Co. of Fort Worth v. SmithCourt of Appeals of Texas · 1936
- Rumetsch v. John Wanamaker, New York Inc.New York Court of Appeals · 1915
- Scott v. Nauss Bros.Appellate Division of the Supreme Court of the State of New York · 1910
- Gibney v. Rodgers & Hagerty, Inc.Appellate Division of the Supreme Court of the State of New York · 1914
2 more not listed; retrieve them via the Exa API.