Bateman

This is an appeal from a judgment in favor of plaintiff in the sum of $25,000 and from an order denying a judgment notwithstanding the verdict. Appellant directs his appeal solely to the fact that certain requested instructions were not given and that error was committed in receiving in evidence a photograph of the scene of the accident, taken after certain changes were made.

The facts of the case may be summarized as follows: Upphoff entered into a contract on January 21, 1941, with the Doughnut Corporation of America, respondent’s employer, to install a hydro-electric freight elevator in the plant of the corporation. The elevator was operated by means of a rope which extended inside the shaft and was pulled up or down to make the elevator rise or descend. When the elevator went from the ground floor to the mezzanine, the lower gate on the mezzanine would rise until it was opposite the upper gate, at which time both gates would rise. Bach of the two gates covered one-half of the door opening. In the upper gate there was an opening approximately 5 inches by 30 inches, through which a man could place his arm to manipulate the rope operating the elevator. At the time of the…