Kaufman-Straus Co. v. Short

Stanley, Commissioner

Reversing.

The question is whether a gratuitous, reckless statement of a witness was so damaging’ as to have required a declaration of mistrial.

The appellee, Mrs. Susan Elizabeth Short, fell in the appellant’s store and suffered a serious fracture of her leg. Her proof is that the operator did not stop an elevator flush with the floor but two or three inches above it. "When her exit was invited by opening the door, this unlooked for step caused her to fall.

During the trial of appellee’s suit for damages her attorney stated and asked her attending surgeon; “She said you…