Armstrong v. Minetto Meriden Co.

Headnote

Armstrong v. Minetto-Meriden Company, 166 App. Div. 970 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 4, 1915, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for personal injuries alleged to have been sustained by

plaintiff through the negligence of the defendant, his employer. The plaintiff, who was employed to. run an elevator, complained that the defendant negligently permitted the doors protecting the elevator shaft to become out of repair and defective so that they failed to operate automatically arid remained open and left the elevator shaft unguarded. He alleged that he left the elevator at the middle floor and went away for a short time and when he returned “ believing said elevator was still there and in working order and said doors, casings or inclosures not inclosing said space, the plaintiff herein stepped into, as he supposed, said elevator, but in fact into the space left by said elevator, * * * ” and falling down the shaft received the injuries complained of. The defendant denied any negligence upon its part and alleged' that the injuries sustained by the plaintiff were caused by the plaintiff’s own negligence in walking into the empty elevator shaft without looking or exercising proper care and also that plaintiff assumed the risks of said injuries.