Danuser v. M. Seller & Co.

The opinion of the court was delivered by

Dunbar, J.

This was an action for damages for personal injury. At the close of plaintiff’s testimony, defendant moved for a non-suit upon the grounds: (1) That the evidence' did not- establish any negligence on the part of the defendant; (2) that the evidence established that plaintiff assumed the risks in - connection with his employment as to the use and operation of the elevator; (3() that the plaintiff was guilty of contributory negligence; (J) that the injury, if caused by anybody’s negligence, or anybody’s besides the plaintiff’s, was by the…