McKeon

Plaintiff sued for damages caused by her fall through an open elevator shaft located in an apartment house conducted by defendants. The cause was tided before a jury and resulted in a verdict in the sum of five thousand dollars. From the judgment on the verdict the defendants have appealed on a bill of exceptions.

The cause was previously tried and resulted in a judgment for the plaintiff for four thousand dollars. An appeal was taken to the district court of appeal, which affirmed the judgment, but, upon transfer to the supreme court, the judgment was reversed because of errors in the instructions to the jury. (McKeon v. Lissner, 193 Cal. 297 [ 223 Pac. 965 ].) The facts which were developed at the first trial are set forth at length in the opinion cited, and it is unnecessary to repeat them here. On the second trial no new evidence of importance was presented, except the evidence tending to show that the hallway on the first floor of the apartment house near the door of the elevator was dark and unlighted. This element was urged by respondent on the first appeal, but the supreme court ruled that it could not be considered because it had not been specifically pleaded. To meet…