Benussi

This is an appeal from a judgment in favor of the plaintiff, as executrix of the last will and testament of Louis Benussi, deceased, who was killed in an elevator accident in an apartment house in the city and county of San Francisco. The action was brought by her against the defendant Plannah, who was alleged to be the owner and in the possession and control of said apartment house at the time of the accident which resulted in her husband’s death.

The elevator in question was an automatic electric elevator for the use and convenience of the tenants of the apartment house, installed at the time of the erection of the building some years before, and in operation at the time of the casualty in which the decedent lost his life. Mr. and Mrs. Benussi were tenants of the building, having their apartment on the third floor". On the evening of May 25, 1915, they left their apartment and proceeded toward the elevator, Mrs. Benussi reaching it- first and touching the button which would start and bring to a stop the elevator at .that floor. It arrived and stopped, when Mrs. Benussi opened the door and entered the elevator. Her husband followed, and was in the act of entering the open door…