Gustavson v. Thomas

This is a personal injury action in which the verdict

was for the defendant. The plaintiff appeals from the judgment and also from a separate order denying a motion for a new trial on the ground of newly-discovered evidence.

Plaintiff was a cook in defendant’s residence at 8 East Fifty-second street in the city of New York, and she was injured on March 4, 1925, by falling through a shaft used for the operation of an automatic elevator. She testified that while she was on the way from the kitchen on the ground floor to do some work on one of the upper floors, and while endeavoring to use the…