Lanterna Rally

Author: Callaghan And Company

Publisher: Rarebooksclub.com

Published: 2013-09

Total Pages: 566

ISBN-13: 9781230008165

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...negligence on account of the carelessness of the operator; that plaintiff could recover for the injuries sustained, although she could not recover for fright alone, it appearing that the fright was accompanied by physical injuries; and that it was not necessary that the operator should have anticipated that this particular accident would happen, as he was bound to know that if he left the car so circumstaneed that any person might enter it, and start it up, it might happen that someone would do so. Cohn v. Ansonia Realty Co., 148 N. Y. Supp. 39 (1914). On the same state of facts as above set forth, and for the same reasons there stated, a separate action by the husband of the plaintiff in the foregoing case for damages for the loss of services of his wife, resulted in a verdict in his favor for $1,000, which was affirmed. Cohn v. Ansonia Realty Co., 148 N. Y. Supp. 41 (1914). In a personal injury action to recover for injuries sustained by falling down an elevator shaft in an apartment house, the action was originally brought against defendant who was in possession and control of the building, the day elevator boy of the building, and the owners of the building who were non-residents. The action was dismissed as to the elevator boy, and a plea in abatement by the owners for want of jurisdiction over their persons was sustained. The facts as to _the accident as they appear in the amended complaint were as follows: The elevator doors leading to the shaft from the hallway fas It is true that if there had been any other evidence from which the plaintiff could claim that the conductor was negligent in that respect, that question might have been submitted to the jury. But such was not the ease, and if that question had been submitted to the...