Bowley

This is an action brought by Patrick Kelly for damages for injuries to his person, alleged to have been caused by the negligent opening by defendant of double iron doors in the sidewalk and over an elevator shaft under the sidewalk, whereby plaintiff was violently thrown against the sidewalk, and his ribs fractured and his person otherwise injured. Plaintiff secured a verdict, and the defendant appeals from the order denying its motion for a new trial. Kelly has died since the trial, and the administrator of his estate has been substituted as plaintiff, but when we refer to the plaintiff in this opinion we mean thereby said Kelly.

At the close of the plaintiff’s case defendant moved for a nonsuit upon the grounds that plaintiff had not shown negligence on the part of defendant, and that he had shown contributory negligence on his own part. The motion was denied, and the defendant introduced evidence in support of its defense, and now insists that the evidence is not sufficient to sustain the verdict in this, that it does not show negligence on the part of defendant, and does show contributory negligence on the part of plaintiff. The doors in question are over an elevator shaft…