Supple v. International Railway Co.

1 Citing case

  1. Trebitsch v. Goelet Leasing Co., Inc.

    226 App. Div. 567 (N.Y. App. Div. 1929)   Cited 4 times

    Plaintiff rests his right to recover upon the proposition that the owner of an apartment house is under an absolute obligation to transport a tenant in an elevator with reasonable care and that a willful assault by the operator, even for his own personal satisfaction, ipso facto imposes liability upon the owner. The common-law cases impose such a liability upon innkeepers and common carriers. ( Boyce v. Greeley Square Hotel Co., 228 N.Y. 109; De Wolf v. Ford, 193 id. 397; Mc Keon v. Manze, 157 N.Y. Supp. 623; Supple v. International R. Co., 208 App. Div. 547; Dwinelle v. N.Y.C. H.R.R.R. Co., 120 N.Y. 117.) The Civil Rights Act extended some of the obligations of a common carrier or an innkeeper to keepers of places of amusement or public resort, and the Court of Appeals on the basis of this statute has extended the innkeeper's liability for assault to the keeper of a bathing pavilion.