In Hart v. Naumburg (123 N.Y. 641) the defendants furnished an elevator and equipments "of the most approved kind and pattern," and this, together with the careful testing and inspection of it by the defendants and by the inspector of the elevator company, was held sufficient.

In Hart v. Naumburg, 123 N.Y. 641, the Court of Appeals reversed a judgment in favor of the plaintiff for injuries received while running an elevator in the defendant's manufactory, for the reason that the servant had the same means of ascertaining the defective condition of the elevator as the master, and he could not recover for injuries received from such defective condition.