Happy v. Walz

Action for $15,000 damages for personal injury sustained by plaintiff in falling into an elevator shaft at the rear end of defendant's store. The jury returned a verdict for defendant, but the trial court upon motion granted a new trial upon the specified ground the verdict was against the weight of the evidence. Defendant has appealed.

Plaintiff alleged negligence of defendant, the occupant of a building and proprietor of a store, in the maintenance of the elevator shaft in the rear end of his store, (1) without having the shaft marked or identified as such; (2) without maintaining locks on…