Senseney v. Landay Real Estate Co.

* NOTE: Opinion filed at May Term, 1939, July 7, 1939, motion for rehearing filed; motion overruled at September Term, September 14, 1939. This is an action for damages for personal injuries sustained by falling into an elevator shaft where plaintiff opened the door to use the elevator. Plaintiff had a verdict for $29,505.75. Defendant has appealed from the judgment entered.

[1] Defendant assigns as error the refusal of the court to sustain its demurrer to the evidence. Defendant contends that plaintiff was not entitled to recover both because there was a failure to show any actionable…