Majority
p. 964Henry Machiea, Plaintiff, v. Charles A. Hayden, Defendant.
Headnote
Negligence—injury in elevator.Motion by the plaintiff for reargument or for leave to appeal to the Court of Appeals after a nonsuit granted at the Monroe Trial Term on the 16th day of October, 1913.
The motion for reargument should be denied. We think the rule of Morman v. Rochester Machine Screw Co. ( 53 App. Div. 497 ) and Sackheim v. Pigueron ( 215 N. Y. 62 ), on which plaintiff relies, does not apply. In each it was held to be a question of fact as to whether there was not an implied invitation to enter the elevator, excusing the degree of care otherwise necessary to ascertain whether the elevator was there. In the present ease there was no such invitation, and plaintiff knew that no door to the elevator well was operating automatically and that when he left the elevator a moment before the accident he had not closed any door. Motion for reargument denied. Motion for leave to appeal to Court of Appeals denied.
Cases cited
- Sackheim v. Pigueron 215 N. Y. 62 p. 964