Bennett v. W. M. McAllister Co.

This is an action of trespass upon the case, brought by Claude Bennett, appellee, against W. M. McAllister Company, appellant, in the circuit court of DeKalb county, to recover damages for an injury sustained by him as the result of a fall into an elevator shaft situated in the store of the appellant.

For convenience, appellee will be called, plaintiff, and appellant, defendant.

The amended declaration consists of five counts. In substance it is charged that the defendant kept, maintained and managed a certain elevator in its store, used for the purpose of hoisting and lowering dry goods and…