Lauder

The suit was brought to recover damages for injuries to the plaintiff caused by the fall of the defendant’s elevator. The plaintiff had judgment, from which the defendant appeals.

The points urged by the appellant are: (1) That the evidence was insufficient to justify the verdict as to damages; (2) and, also, in that the proof showed that the injury was the result of inevitable accident, and not of defendant’s negligence. Appellant complains also of certain errors in the rulings of the court relating to the two points above specified, which may be conveniently considered in connection with them.

With regard to the first point, the objection, more specifically stated, is: That evidence was admitted of the plaintiff’s suffering from an attack of pleurisy immediately following the accident and of pneumonia subsequently developed, which, it is claimed, ought to have been specially pleaded, but were not; and that the recovery should have been limited to the damages otherwise resulting. But the evidence shows that the pleurisy was the direct and immediate effect of the hurt suffered by the plaintiff, or, as otherwise expressed by the medical witness, that it was a traumatic pleurisy,…