Jacobson v. Kirn

This proceeding by notice of motion for judgment was brought to recover damages for personal injuries sustained by Jake Jacobson, on account of the alleged negligence of the defendants in error, in failing to have the door of the elevator shaft in their building closed, by reason of which he fell into the pit of the shaft in attempting to take passage in the elevator to carry him to an upper floor of the building.

Defendants pleaded the general issue and filed an affidavit denying that they opened or permitted the door to be opened as alleged in the notice of motion.

The case was tried before a…