Burch v. Grace Street Building Corp.

This is an action brought by E. H. Burch against the Grace Street Building Corporation, for personal injuries resulting from a fall through an open elevator shaft, and alleged to have been caused by the negligence of the defendant.

*332There were two actions brought, each by notice of motion, and a trial of each action had in the same court, but presided over by different judges. Each notice of motion contained two counts, but trial was had in each instance only on the count charging ordinary negligence. On the trial of the first action, a non-suit was taken after a motion to strike was offered at…