Eggert v. Mutual Grocery Co.

The opinion of the court was delivered by

Perskie, J.

This appeal brings up for review a judgment entered for the plaintiff-respondent, hereinafter called plaintiff, against the defendant-appellant, hereinafter called defendant; in the sum of $12,950, for personal injuries sustained by the plaintiff in falling into an elevator shaft which was .maintained by the defendant in a building of which it was in possession.

This appeal is based on three grounds: (1) The trial court erred in refusing to order a judgment of nonsuit in favor of the defendant against the plaintiff, though requested to do so…