Appellate Division of the Supreme Court of the State of New York December 3, 1920 (Woerz v. Rosenfeld)

Greenbaum, J.:

Plaintiff at the time of the accident on January 7, 1916, was nine years, eleven months old. Her mother was the janitress of the apartment house in question. While using and manipulating a dumbwaiter in the rear of the cellar, which was a considerable *20distance removed from the living quarters of her parents, the plaintiff was seriously injured.