Mahon v. Orbach — 235 N.Y. 555

Majority

p. 555

William Mahon, Respondent, v. Sigmund Orbach, Appellant.

Headnote

Negligence — elevators — injury from walking into unguarded elevator shaft.

Mahon v. Orbach, 202 App. Div. 797 , affirmed.

(Argued February 2, 1923;

decided March 6, 1923.)

Appeal, by permission, from a judgment of the Appel- • late Division of the Supreme Court in the first judicial department, entered June 26, 1922, unanimously affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant who was the owner of a factory building on East Ninety-first street in the city of New York. Plaintiff, a truckman in the special employ of one of defendant’s tenants, walked into an open, unguarded elevator shaft and faffing received the injuries complained of.

p. 556

Max L. Schallek for appellant.

Jacob Zelenko and Frederick L. Hackenburg for respondent.

Judgment affirmed, with costs ; no opinion.

Concur: Hogan, Cardozo, Pound, McLaughlin and Andrews, JJ. Dissenting: His cock, Ch. J., and Crane, J.