William A. Wilcox, Respondent v. the City of Rochester, Appellant

Summary

The Court of Appeals reversed the Appellate Division’s judgment and ordered a new trial, holding that the City of Rochester is liable for the negligence of its employee who operated the elevator in the police station because the maintenance of the building is a municipal, not a governmental, function, and that contributory negligence is a question for the jury. Justice Haight dissented, maintaining that the city should not be liable because the employee’s duties were governmental.