Gabel v. 1528 Walnut St. Bldg. Corp.

Opinion by

Ross, J.,

This is an action in trespass brought to recover damages for injuries sustained by the plaintiff as the result of a fall in an elevator on the twentieth floor of a building owned and operated by defendant company, known as 1528 Walnut Street Building in the city of Philadelphia. The jury returned a verdict for the plaintiff, the lower court refused defendant’s motion for judgment n. o. v., and this appeal followed. The only question in the case is whether or not the plaintiff as a matter of law was contributorily negligent.

It is only in a clear case where the evidence is…