Ponet

Plaintiff brought this action to recover-damages for personal injuries alleged to have been sustained by her through the falling of a passenger elevator in an apartment house. At the time of the accident plaintiff was employed in the apartment house as assistant manager and clerk, and was engaged in the performance of her duties as such when she sustained the injuries complained of. The owners of the building were joined as parties defendant, but a finding was made in their favor at the trial, and judgment was rendered against appellant Irwin, who was the lessee and in the active control and management of the apartment house. This appeal is taken from that judgment and from an order denying appellant’s motion for a new trial.

Issue was raised as to the plaintiff occupying the relation of servant toward defendant Irwin, it being denied by the allegations of the answer that plaintiff at any time or at all was or had been defendant Irwin’s employee, and in the answer it was then affirmatively alleged that the plaintiff was a copartner of said defendant in the management and control of the apartment house. It is contended by appellant that the evidence showed that she was not the…