Smith v. Pawlak

Mr. Presiding Justice Baker,

delivered the opinion of the court.

We think the question whether the plaintiff was guilty of contributory negligence was, upon the evidence, a question of fact upon which the verdict of the jury must be held conclusive. We also think that the jury might, from the evidence, properly find that the act of the elevator boy in sending the elevator cab or platform up while the doors leading to the elevator shaft were open and the shaft unguarded and unprotected, was an act of negligence which directly contributed to plaintiff’s injury.

Wengler, the engineer of the…