Commerce Realty Co. v. McElvey

POPE, Justice.

Plaintiff, while walking along a public sidewalk abutting defendant’s building, tripped on a metal covering as it was being pushed open by a sidewalk freight elevator that was rising from the basement. A jury convicted the building owner of negligence, and this is an appeal from a judgment in plaintiff’s favor.

The Commerce Realty Company is the owner of the Aztec Building in San Antonio. The back of that building extends along the south side of Crockett Street and there is a public sidewalk between the street and the building. Metal lids covered an elevator shaft that extended…