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Orlando v. M.B. S. Realty Company, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1934
243 App. Div. 565 (N.Y. App. Div. 1934)

Opinion

December, 1934.

Present — Lazansky, P.J., Young, Hagarty, Carswell and Tompkins, JJ.


The plaintiff first named, an employee of a tenant in the building leased and controlled by the appealing defendant, entered a passenger elevator on the tenth floor for the purpose of descending to the street. The elevator descended with such speed that it passed the ground floor and struck the bumpers, four feet below, from which it rebounded, throwing her and injuring her seriously. The action was brought by her and her husband — she to recover for the injuries sustained and he to recover for expenses and loss of services. Appeal from order setting aside verdict in favor of defendant Mesfree Realty Corporation. Order setting aside the verdict unanimously affirmed, with costs. The doctrine of res ipsa loquitur applies and the verdict in favor of the defendant, appellant, was properly set aside and a new trial granted, because of the erroneous instruction to the jury that the doctrine does not apply.


Summaries of

Orlando v. M.B. S. Realty Company, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1934
243 App. Div. 565 (N.Y. App. Div. 1934)
Case details for

Orlando v. M.B. S. Realty Company, Inc.

Case Details

Full title:JOSEPHINE ORLANDO and Another, Respondents, v. M.B. S. REALTY COMPANY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1934

Citations

243 App. Div. 565 (N.Y. App. Div. 1934)