MacDowell v. Western Union Telegraph Co.

Appellate Division of the Supreme Court of New York

MacDowell v. Western Union Telegraph Co.

244 A.D. 843

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1935·Published

Opinion

The plaintiff, a woman of seventy-five years of age, was passing out of the postroffiee, in Troy, through a revolving door. At the same time a messenger boy of the defendant, on the defendant’s business, was entering through the same door. The evidence is such that the jury could have found that the messenger boy pushed the door with such violence as to throw the plaintiff from her feet and down the steps outside the building. Judgment and order affirmed, with costs. Rhodes, McNamee and Bliss, JJ., concur; Hill, P, J., and Heffernan, J., dissent.

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The plaintiff, a woman of seventy-five years of age, was passing out of the postroffiee, in Troy, through a revolving door. At the same time a messenger boy of the defendant, on the defendant’s business, was entering through the same door. The evidence is such that the jury could have found that the messenger boy pushed the door with such violence as to throw the plaintiff from her feet and down the steps outside the building. Judgment and order affirmed, with costs. Rhodes, McNamee and Bliss, JJ., concur; Hill, P, J., and Heffernan, J., dissent.

MacDowell v. Western Union Telegraph Co., 244 A.D. 843 (N.Y. Ct. App. 1935).

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