KELLY v. WATSON ELEVATOR CO.


309 N.Y. 49 (1955)

Mae Kelly et al., Appellants, v. Watson Elevator Co., Inc., Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1955


Attorney(s) appearing for the Case

Bernard Meyerson and Herman E. Hoberman for appellants.

Samuel E. Swiggett for respondent.

CONWAY, Ch. J., FROESSEL and BURKE, JJ., concur with DYE, J.; DESMOND, FULD and VAN VOORHIS, JJ., dissent and vote to affirm upon the ground stated in the memorandum of the Appellate Division.


DYE, J.

This is a suit to recover damages for personal injuries and incidental expenses allegedly caused by defendant's negligent failure to properly service, maintain and repair a self-service elevator. Following a nonjury trial of the issues, the plaintiffs had a judgment, which has been reversed and their complaint dismissed in the court below, on the ground that, as a matter of law, there was no proof of defendant...

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