Devonish v. Imperial Investing Corp.

Appellate Division of the Supreme Court of New York

Devonish v. Imperial Investing Corp.

171 A.D. 898

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

DecidedNovember 15, 1915

StatusPublished

This text of 171 A.D. 898 (Devonish v. Imperial Investing Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Devonish v. Imperial Investing Corp., 171 A.D. 898 (N.Y. Ct. App. 1915).

Pincite

Opinion

Per Curiam:

The finding that the defendant was negligent is without evidence to sustain it. Whatever negligence there was was that of the other elevator employee, who was a fellow-employee and was neither a superintendent nor charged with any duty of superintendence for the defendant. For such negligence, therefore, the defendant is not responsible. The evidence of the incompetency of this fellow-employee had no relation to the accident, as it only related to failure to stop at the proper floor or in the management of the elevator. The finding that the defendant was negligent is, therefore, reversed, the judgment and order are reversed, with costs, and the complaint dismissed, with costs. Present— Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Judgment and order reversed, with costs, and complaint dismissed, with costs.

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Per Curiam:

The finding that the defendant was negligent is without evidence to sustain it. Whatever negligence there was was that of the other elevator employee, who was a fellow-employee and was neither a superintendent nor charged with any duty of superintendence for the defendant. For such negligence, therefore, the defendant is not responsible. The evidence of the incompetency of this fellow-employee had no relation to the accident, as it only related to failure to stop at the proper floor or in the management of the elevator. The finding that the defendant was negligent is, therefore, reversed, the judgment and order are reversed, with costs, and the complaint dismissed, with costs. Present— Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Judgment and order reversed, with costs, and complaint dismissed, with costs.

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Bluebook (online)

171 A.D. 898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devonish-v-imperial-investing-corp-nyappdiv-1915.