Brendlson v. Ed. Schuster & Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: W. J. Tdekteb, Circuit Judge. The defendant conducts a department store in the city of Milwaukee. On June 11, 1917, the plaintiff, accompanied by one Mrs. Stockman, was shopping in said store, and, for the purpose of reaching the second floor, made use of one of the elevators operated therein.
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Appeal from an order of the circuit court for Milwaukee county: W. J. Tdekteb, Circuit Judge. The defendant conducts a department store in the city of Milwaukee. On June 11, 1917, the plaintiff, accompanied by one Mrs. Stockman, was shopping in said store, and, for the purpose of reaching the second floor, made use of one of the elevators operated therein. She and Mrs. Stockman testified that the elevator stopped about a foot below the level of the floor; that Mrs. Stockman attempted to leave the elevator while it was in such position; that the operator of the elevator, without closing the…
1Opinion of the CourtOweN, J.
Tbe order of tbe circuit court reversing tbe judgment of tbe civil court and ordering a new trial in tbe circuit court must be affirmed. Tbe record discloses a question for tbe jury. Plaintiff and ber companion, Mrs. Stock-man,- testified positively that tbe elevator moved while tbe doors were open. Defendant contends that it effectually and conclusively met this testimony by showing that the construction of tbe elevator rendered it a mechanical impossibility to move tbe elevator while tbe doors were open, thus bringing tbe case within tbe doctrine of Kalman v. Pieper, 158 Wis. 487, 149 N. W.…
2Cases cited1 opinion
- Kalman v. PieperWisconsin Supreme Court · 1914