Hanson v. McGraw-Hill Co.

Appellate Division of the Supreme Court of New York

Hanson v. McGraw-Hill Co.

213 A.D. 873

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

DecidedApril 15, 1925

StatusPublished

Cited by2 cases

This text of 213 A.D. 873 (Hanson v. McGraw-Hill 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

Hanson v. McGraw-Hill Co., 213 A.D. 873 (N.Y. Ct. App. 1925).

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Opinion

Judgment and order reversed on the law, and the verdict of the jury unanimously reinstated, with costs to the appellant. The learned trial justice set aside the verdict in favor of the plaintiff solely on the ground that the plaintiff was guilty of contributory negligence as a matter of law. We are of the opinion that the trial justice was correct in the first instance in leaving the question of contributory negligence to the jury as a question of fact. We are in accord with the reasoning [874]*874in Teich v. Seidman’s Garage (188 N. Y. Supp. 488). The cases cited by the learned trial justice all relate to accidents where the plaintiff was struck ly a descending elevator after he had wholly or partly entered an elevator shaft. Present — Kelly, P. J., Rich, Jaycox, Kelby and Young, JJ.

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Judgment and order reversed on the law, and the verdict of the jury unanimously reinstated, with costs to the appellant. The learned trial justice set aside the verdict in favor of the plaintiff solely on the ground that the plaintiff was guilty of contributory negligence as a matter of law. We are of the opinion that the trial justice was correct in the first instance in leaving the question of contributory negligence to the jury as a question of fact. We are in accord with the reasoning [874]*874in Teich v. Seidman’s Garage (188 N. Y. Supp. 488). The cases cited by the learned trial justice all relate to accidents where the plaintiff was struck ly a descending elevator after he had wholly or partly entered an elevator shaft. Present — Kelly, P. J., Rich, Jaycox, Kelby and Young, JJ.

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Bluebook (online)

213 A.D. 873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanson-v-mcgraw-hill-co-nyappdiv-1925.

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