(DOWNLOAD) "Mary Viccica v. Mayflower Agency Co." by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Mary Viccica v. Mayflower Agency Co.
- Author : Supreme Court of New York
- Release Date : January 12, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
[10 A.D.2d 822 Page 823] This is an appeal from an affirmance by the Appellate Term of a judgment of the City Court, dismissing the complaint at
the end of the plaintiff's case. The plaintiff sought recovery for injuries she received as the result of being struck by
the door of a freight elevator in a building where she was employed. The plaintiff was waiting with fellow employees to be
carried from the fifteenth floor to ground level. In addition to common-law negligence, the plaintiff claimed that the defendant
violated the Labor Law (255), which requires elevators in factory buildings to be "constructed, guarded, equipped, maintained
and operated so as to be safe for all persons". There was no proof offered at the trial to establish that the building in
question was a factory building within the Labor Law definition of such a structure. On that aspect of the case, therefore,
the trial court was correct. However, on the question of common-law negligence, the proof raised the issues of negligence
and contributory negligence sufficient to require their submission to the jury. It was error, therefore, to dismiss the complaint
at the close of the plaintiff's case.