¶1We are of opinion that the evidence presented a question as to whether the negligence of the elevator boy in starting the elevator was not owing to his incompetency, of which the defendant had notice which should have been submitted to the jury. The judgment is, therefore, reversed and a new trial ordered, costs to appellant to abide event. Present—Ingraham, P. J., Laughlin, Clarke, Miller and Doxvling; JJ.; Clarke and Dowling, JJ., dissented.
151 A.D. 950
Sadan v. B. Crystal & Son
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 1912
Appellate Division of the Supreme Court of the State of New York · decided 1912-06-15
<p>Appeal from a judgment of the Supreme Court, entered October 13, 1911, dismissing the complaint.</p>
Decided 1912-06-15