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Beinhocker v. Barnes Development Corp.

Court of Appeals of the State of New York
Apr 10, 1947
73 N.E.2d 41 (N.Y. 1947)
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Summary

In Beinhocker v. Barnes Development Corp. (296 N.Y. 925, mot. for rearg. den. 297 N.Y. 472), plaintiff fell and was injured when a safety "interlock" device failed to function and the door opened even though the elevator was not at the floor.

Summary of this case from Rogers v. Dorchester Assoc
See 3 Summaries

Opinion

Argued February 20, 1947

Decided April 10, 1947

Appeal from the Supreme Court, Appellate Division, First Department, EDER, J.

William F. McNulty and Thomas A. Clarke for Staley Elevator Company, Inc., appellant.

George A. Garvey for Barnes Development Corp., appellant-respondent.

Benjamin H. Siff and Harry Geist for respondent.

Judgment affirmed, with costs; no opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.

Summaries of

Beinhocker v. Barnes Development Corp.

Court of Appeals of the State of New York
Apr 10, 1947
73 N.E.2d 41 (N.Y. 1947)

In Beinhocker v. Barnes Development Corp. (296 N.Y. 925, mot. for rearg. den. 297 N.Y. 472), plaintiff fell and was injured when a safety "interlock" device failed to function and the door opened even though the elevator was not at the floor.

Summary of this case from Rogers v. Dorchester Assoc

In Beinhocker v. Barnes Development Corp., 296 N.Y. 925, 73 N.E.2d 41, mot. for rearg. den. 297 N.Y. 472, 74 N.E.2d 180, plaintiff fell and was injured when a safety interlock' device failed to function and the door opened even though the elevator was not at the floor.

Summary of this case from Shell v. Kone Elevator Co.

In Beinhocker v. Barnes Development Corp., 296 N.Y. 925, 73 N.E.2d 41, mot. for rearg. den. 297 N.Y. 472, 74 N.E.2d 180, the Court of Appeals found res ipsa could apply, even though in that case there is no evidence cited of notice of a defect or of a prior incident.

Summary of this case from Shell v. Kone Elevator Co.
Case details for

Beinhocker v. Barnes Development Corp.

Case Details

Full title:MAX BEINHOCKER, Respondent, v. BARNES DEVELOPMENT CORP.…

Court:Court of Appeals of the State of New York

Date published: Apr 10, 1947

Citations

73 N.E.2d 41 (N.Y. 1947)
73 N.E.2d 41

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