Full text
Leo J. Kelleher v. James K. Atkinson and Another, as Executors, etc., of James Brisbane
Judgment and order
[877] reversed on the law and new trial granted, with costs to the appellants to abide the event. Held, that the charge made at the request of plaintiff’s counsel “ that the defendant is held to the highest degree of care in the operation of the elevators, consistent with their efficient use,” constitutes reversible error. (Griffen v. Manice, 166 N. Y. 188; O’Brien v. New York Railways Co., 185 App. Div. 867.) All concur.