Rukeyser v. Alabama Holding Corp. — 247 N.Y. 596

Majority

p. 596

Augusta Rukeyser, Respondent, v. Alabama Holding Corporation, Appellant.

Headnote

Hegligence — landlord and tenant — buildings — elevator — injury to tenant from dropping of elevator she was about to enter caused by interference with control lever by child.

Rukeyser v. Alabama Holding Carp., 221 App. Div. 858 , affirmed.

(Argued February 20, 1928;

decided March 27, 1928.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department,' entered November 3, 1927, 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. Plaintiff, a tenant in defendant’s building, was about to enter

p. 597

one of its elevators when a child standing near the operator pulled the lever which controlled the movement of the car. It dropped about eighteen inches causing plaintiff to fall, from which she received the injuries complained of.

Walter G. Evans, William G. Walsh and Grattan B. Shults for appellant.

Mantón Marks for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.