Hyperlawhypertext legal database Fleischer v. Mason & Hanger Co. 156 N.Y.S. 1122

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Fleischer v. Mason & Hanger Co.

156 N.Y.S. 1122 Court N.Y. App. Div. Decision date 1915-12-30 English

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p. 1122
Anna FLEISCHER, as Admx., etc., Appellant, v. MASON & HANGER COMPANY and the City of New York, Respondents.
(Supreme Court, Appellate Division, First Department.
December 30, 1915.)

Headnote

Appeal from Trial Term, New York County. Action by Anna Fleischer, as administratrix, etc., against the Mason & Hanger Company and another. From a judgment dismissing the complaint, plaintiff appeals. Reversed, and new trial ordered.

We think the questions as to the freedom of the plaintiff’s intestate from contributory negligence, and as to whether or not the elevator was a safe structure, were questions of fact for the jury. The judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event. Grder filed.

INGRAHAM, P. J., and DOWLING, J., dissenting.