Pierson

Defendant Holly Sugar Corporation appeals from a judgment entered pursuant to a jury verdict in favor of plaintiff in an action brought to recover damages for injuries which he sustained when a freight elevator on which he was riding dropped from the third to the ground floor in defendant’s Santa Ana sugar plant building. There is no dispute as to the nature and extent of plaintiff’s injuries.

Appellant asserts as grounds for reversal of the judgment that the trial court erred in permitting the introduction of certain testimony and in the giving of instructions.

The circumstances under which plaintiff’s injuries were received are as follows: On May 28, 1949, the day of the accident, plaintiff, who was employed as a road salesman by Bowie Pie Company, entered defendant’s building, carrying an order of 10 pies for delivery to a cafeteria situated and operated on the third floor. In order to deliver his merchandise, it was necessary that plaintiff climb stairs to the third floor, use a “manlift,” or a freight elevator or hoist. The stairway lead ing from the first to the second floor was located inside the building immediately west of the south entrance and the freight hoist and…