Shapinsky & Co. v. Sapp

Opinion of the Court by

William Rogers Clay, Commissioner

Affirming.

On October 19,1909, plaintiff, W. T. Sapp, was in the store of the defendant, S. Shapinsky & Company, a cor*215poration, for the purpose of purchasing merchandise. Claiming that while so engaged his arm was struck and injured by defendant’s elevator, and that his injury was caused by the negligence of defendant in failing to properly encase its elevator shaft, he brought this action to recover damages. From a verdict and judgment in his favor for $850; the defendant appeals.

The error of the trial court in refusing a peremptory…