Montgomery v. Bloomingdale
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Lyman G. Bloomingdale and Joseph B. Bloomingdale, individually and as composing tbe firm of Bloomingdale Brothers, from a judgment of the Supreme Court in favor óf the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of January, 1898, iipon the verdict of a jury for $3,500, and also from an order entered in' said clerk’s office on the 20tli day of January, 1898, denying the defendants’ motion for a new trial…
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Appeal by the defendants, Lyman G. Bloomingdale and Joseph B. Bloomingdale, individually and as composing tbe firm of Bloomingdale Brothers, from a judgment of the Supreme Court in favor óf the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of January, 1898, iipon the verdict of a jury for $3,500, and also from an order entered in' said clerk’s office on the 20tli day of January, 1898, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
This is an appeal from a judgment entered upon the verdict of a jury in favor of .the plaintiff in an accident case.
The plaintiff, at the time of the occurrence, was between thirteen and.fourteen years old, and .was employed as a cash• girl' by the defendants, who carried on business in a large retail- store in the city of New York. In the premises in which their business was conducted was an elevator used by employees, and which, according to the testimony of one of the witnesses for the defendant, was commonly called the employees’ elevator. That elevator was also used at…
2Cases cited4 opinions
- Burke v. . WitherbeeNew York Court of Appeals · 1885
- Stringham v. . HiltonNew York Court of Appeals · 1888
- King v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Gottlieb v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1885
3Cited by2 opinions
- Grifhahn v. KreizerAppellate Division of the Supreme Court of the State of New York · 1901
- Hubener v. HeideAppellate Division of the Supreme Court of the State of New York · 1902