Wojtyna v. Bazar Brothers Co.

The action is trespass on the case for negligence to recover damages for personal injuries to plaintiff, caused by falling into an unguarded elevator well.

Plaintiff was employed by defendants as a bottle washer. On the day of the accident plaintiff began work in the morning in the second story of the shop where he was accustomed to work. As the day was the Jewish sabbath, neither defendants nor any of the other employees worked on that day. In the shop was an open elevator used for carrying freight between the first and second floors, which fitted into an open space in each floor and when at…