Majority
p. 587Alexander Lecakes, an Infant, by Nicholas Lecakes, His Guardian ad Litem, Respondent, v. Stevenson Refrigerating & Storage Co., Inc., Appellant. Nicholas Lecakes, Respondent, v. Stevenson Refrigerating & Storage Co., Inc., Appellant. (Argued May 9, 1928; decided May 29, 1928.)
Headnote
Negligence — elevators — open door in elevator shaft — action for injuries arising from fall through door to bottom of shaft.Lecahes v. Stevenson B. & S. Co., Inc. (2 eases), 222 App. Div. 668 , affirmed.
Appeal, in each of the above-entitled actions, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 25, 1927, affirming a judgment in favor of plaintiff entered upon a verdict. The first action was to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. The second
p. 588
to recover for loss of services and expense occasioned the father of the injured child by his injuries. The infant plaintiff, a boy seventeen years of age, walked or fell through an open elevator door in the defendant’s building and falling to the bottom of the shaft received the injuries complained of.
John T. Loughran and Robert H. Charlton for appellant.
G. Everett Hunt, William G. Walsh and Grattan B. Shults for respondents.
Judgment in each case affirmed, with costs; no opinion.
Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Kellogg and O’Brien, JJ. Not sitting: Lehman, J.