Dehmel v. Smith

The following opinion was filed November 5, 1929:

Fowler, J.

The defendant assigns two errors: denial of his motion for a directed verdict, and denial of his motion to change the answers of the jury to the questions respecting negligence in operating and controlling the elevator. Thus the sole question for determination is whether the evidence sustains the verdict.

The findings of no failure of duty respecting inspection and keeping in repair are well supported by the evidence. The case is one in which the doctrine of res ipsa loquitur applies. The proof that Mrs. Dehmel was injured by the…