Seorum v. Marudas

Thomas Gallagher, Justice.

Plaintiff brought action against defendants for damages sustained by virtue of a fall into an elevator shaft on premises in control of defendants. At the close of the trial on March 26, 1943, the case was submitted to a jury, which returned a verdict for defendants.

Subsequently on May 15, 1943, the court granted plaintiff’s motion for a new trial. The order granting such motion did not state the grounds therefor. A memorandum attached to the order indicated the court determined that its failure to instruct the jury relative to certain statutes applicable to elevators…