Murray v. Albert Lea Home Investment Co.

Gallagi-ier, Chiee Justice.

Action for damages caused by defendant’s negligent maintenance of an elevator shaft. After a verdict for plaintiff, defendant’s motion for judgment non obstante was granted, and this appeal is taken from the judgment thereafter entered.

Since the question of plaintiff’s contributory negligence is determinative of the case, a detailed statement of the facts is unnecessary. Defendant owns and operates a six-story office building in Albert Lea. The sixth floor is leased to the local Elks Lodge. On the evening of January 13, 1935, at about 11:30, plaintiff entered the…