Peddie v. O'Neill — 135 N.Y.S. 1131

Majority

p. 1131

PEDDIE, Appellant, v. O’NEILL, Respondent, et al.

(Supreme Court, Appellate Division, Second Department.

May 1, 1912.)

Headnote

Action by Mary Peddie, as administratrix, etc., of Charles Peddie, deceased, against Mary O’Neill, impleaded with others.

Judgment reversed, and new trial granted, costs to abide the event, on the ground that the trial court erred in excluding testimony tending to show that the elevator in question was not equipped with such safety devices as were in common and ordinary use on such elevators at the time of the accident.

THOMAS, J., dissents.