Du Val v. Boos Bros. Cafeteria Co.

The respective appellants operated, and delivered meat to a cafeteria in Los Angeles. The respond ent was awarded a verdict of seven thousand five hundred dollars for personal injuries alleged to have been suffered through the concurrent negligence of the appellants, who prosecute separate appeals upon the same record. They are presented and considered together.

The opening brief of the Cafeteria Company was almost two years overdue. It was on file at the time of the oral argument and the respondent was given an opportunity to reply to it. It is contended that that appeal should not be considered. While rules of court designed to facilitate its business may never be disregarded with safety, under the circumstances the present case will be determined on its merits. From an examination of the entire record, including the evidence, the conclusion has been reached that the judgment must be affirmed, upon the grounds stated in disposing of the specific contentions of the appellants.

Between noon and 12:15 P. M. the respondent was walking along one of the most congested thoroughfares in the city. On one step she placed her right foot on the still closed door of a sidewalk elevator,…