O'Donnell v. Cauldwell-Wingate Co.

Headnote

O'Donnell v. Cauldwell-Wingate Co, 164 App. Div. 941 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 4, 1914, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant, his employer. The complaint alleged that the decedent, Martin O’Donnell, was injured “ while working for the defendant, by reason of being precipitated through an elevator shaft * * * while about to take passage upon a hoisting elevator machine which was being then used in said building by the defendant for the purpose and work to which it was then engaged in said building, by reason of the fact that said hoisting elevator was prematurely started by the employees of the defendant in charge thereof in a careless and negligent manner before the said above named decedent had time to fully enter said elevator.”