Majority
p. 539John Wanamaker, New York, Inc., et al., Respondents, v. Otis Elevator Company, Appellant. (Action No. 2.) (Argued January 20, 1920; decided February 24, 1920.)
Headnote
John Wanamaker, New York, Inc., v. Otis Elevator Co., 186 App. Div. 661 ; 188 App. Div. 978 , modified.Appeal, by permission, from two judgments of the Appellate Division of the Supreme Court in the second judicial department, entered March 13, 1919, and June 12, 1919, respectively, unanimously affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. This action is to recover from the defendant the loss and damages sustained by the plaintiffs by reason of actions brought by certain persons, to wit, Rachel R. Dutcher, Margaret Mack and J. Stewart Mack against the plaintiff Wanamaker for in j mies occasioned by the fall of its passenger elevator in its department store in New York city. The plaintiff alleged that the elevator fell because of the inadequacy and insufficiency of certain supporting appliances which broke because they were negligently and wrongfully constructed and installed by the defendant, although it had undertaken to install such as would be sufficient and adequate.
Charles A. Boston and John Guyton Boston for appellant.
Frank Verner Johnson for respondents.
Judgments modified by reducing recovery-in favor of the assurance company to $6,632.18 and interest from April 5, 1916, and as so modified affirmed, without costs to either party, on opinion of Hogan, J., in Wanamaker v. v. Otis Elevator Co. ( 228 N. Y. 192 ).
Concur: His cock, Ch. J., Chase, Hogan, McLaughlin and Elkus, JJ. Cardozo, J., concurs in result. Dissenting from modification: Crane, J.
Cases cited
- John Wanamaker, New York, Inc. v. Otis Elevator Co. 228 N. Y. 192 p. 539