Fleischer v. Mason & Hanger Co.

Appellate Division of the Supreme Court of New York

Fleischer v. Mason & Hanger Co.

171 A.D. 932, 156 N.Y.S. 1122

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

DecidedDecember 15, 1915

StatusPublished

This text of 171 A.D. 932 (Fleischer v. Mason & Hanger Co.) 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

Fleischer v. Mason & Hanger Co., 171 A.D. 932, 156 N.Y.S. 1122 (N.Y. Ct. App. 1915).

Pincite

Opinion

Per Curiam:

We think the questions as to the freedom, of the plaintiff’s intestate from contributory negligence, and as to whether or not the elevator was a safe structure, were questions of fact for the jury. The judgment should be reversed and a new trial ordered, with costs to appellant to abide the event. Present — Ingraham, P. J., Laughlin, Clarke, Dowling and Smith, JJ.; Ingraham, P. J., and Dowling, J., dissented. Judgment reversed, new trial ordered, costs to appellant to abide event.

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Per Curiam:

We think the questions as to the freedom, of the plaintiff’s intestate from contributory negligence, and as to whether or not the elevator was a safe structure, were questions of fact for the jury. The judgment should be reversed and a new trial ordered, with costs to appellant to abide the event. Present — Ingraham, P. J., Laughlin, Clarke, Dowling and Smith, JJ.; Ingraham, P. J., and Dowling, J., dissented. Judgment reversed, new trial ordered, costs to appellant to abide event.

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Bluebook (online)

171 A.D. 932, 156 N.Y.S. 1122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleischer-v-mason-hanger-co-nyappdiv-1915.