Marino v. Farrell

Headnote

Negligence — dumbwaiter — action to recover for injury received through fall of dumbwaitei--when one who assists janitress in -return for lodging to the knowledge of agent of owner may recover against owner for injuries received through his neglect,

Marino v. Farrell, 201 App. Div. 367 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 19, 1922, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial in an action to recover for personal injuries alleged to have been sustained by plaintiff by reason of the negligent and careless manner in which defendant maintained a dumbwaiter in his apartment house whereby the rope thereof was caused to break, thus letting the dumbwaiter fall upon plaintiff, while he was in the basement of the house, using the dumbwaiter in taking down garbage and ashes from the apartments above. The theory of the complaint is that at the time of the occurrence which resulted in plaintiff’s injuries, he was using the dumbwaiter as an invitee of defendant, it being shown that he slept on the premises by permission of the janitress and in return assisted her with her work and that this fact was known

to the agent of the defendant who had made no objection thereto.