Fildew

The defendant appeals from a judgment against it and from an order denying its motion for a new trial, after verdict in favor of plaintiff in an action to recover damages for personal injuries alleged to have been sustained by plaintiff as a result of defendant’s negligence.

Defendant was the owner of a warehouse, three stories in height, in Los Angeles, California, in the central portion of which was constructed a freight elevator consisting of an open platform about fourteén feet square, attached by uprights at either end to a cross-head, consisting of a twelve by twelve beam, fourteen feet in length, each end of which fitted into guides which extended vertically up and down the sides of the elevator shaft, the guides being fastened to vertical beams known as guide-posts. The cross-head was about ten feet above the platform of the elevator, which had no other covering or inclosure. The elevator shaft was not inclosed, except that there were at each floor sliding-gates opposite the north and south sides of the opening, and two railings on each of the east and west sides. The railings were respectively one and one-half and three feet above the floor and consisted of pieces of two…