Gastine
Gastine v. Ewing
Opinion
Opinion
Griffin, J.
—This is an appeal from a judgment against defendants for damages for personal injuries received by plaintiff wife when she fell into a stage elevator shaft upon the premises of a cafe and night club owned and operated by defendants. Her presence there resulted from an invitation to appear and demonstrate an act looking toward pros- p active employment by defendants. Trial was had before the court sitting without a jury.
In the center of the building here involved there was a circular elevator stage about 14 feet in diameter which was raised and lowered by electrical machinery. It had a height of 54 inches above the floor. Surrounding it and at the same height, there was a platform in which stage lights of various colors were located. Encircling this platform was a circular bar and surrounding this bar were stools. The stage was not used for public dancing but only by professional entertainers who entered through a door in the basement. When the stage was lowered into the elevator pit it was 14 feet below its extreme height. The elevator pit was circular in form and completely enclosed except for the basement door. The floor of the stage was of hard maple, unpainted, and had two…