Conaway v. Martin

Appellate Division of the Supreme Court of the State of New York

Decided October 18, 1907

Appellate Division of the Supreme Court of the State of New York · decided 1907-10-18

Appeal by the defendant, William R. IT. Martin, from a judgment of the Supreme Court in favor of the plaintiff, entered in the . office of the clerk of the county of Kings on the 27th day of October, 1906, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 25th day of-October, 1906, denying the defendant’s ’motion for a new trial made upon tire minutes. . ■ Action for damages for negligence causing death.

Decided 1907-10-18

Gaynor, J.:

¶1■ The motion to dismiss at the close was properly denied. Especially owing to the lack of light, it was a, question of. fact whether it was not negligent not to have a door or gate in the elevator car itself, or else oh the inside of the opening or arcli through the wall which was the entrance to the elevator car, to prevent persons in the car from inadvertently getting so cl osé. to the entrance side of the car as to.strike against the top of the said opening or arch if they happened to lean over a little as the car was going up..

¶2The judgment should be affirmed^

¶3Present—Jenks, Hooker, Gaynor, Rich and Miller, JJ.

¶4Judgment and order unanimously affirmed,- with costs.