Kickels v. Fein

This is an action against the appellant for the recovery of damages for personal injuries sustained by appellee in falling into an elevator shaft in the garage of appellant, as the result of the alleged negligence of appellant in permitting the platform of said elevator to be and remain above the first floor of the garage, and failing to properly guard the elevator shaft by placing the gate intended and used for that purpose in proper position to prevent persons from walking or falling into said shaft.

The cause was tried upon the first and third paragraphs of complaint. The allegations in…