Herold

This is an action wherein the plaintiff seeks to recover damages on account of the death of his wife, Bertha C. Herold, through injuries alleged to have been caused by negligence of the defendant. By direction of the court the jury rendered a verdict in favor of the defendant. The plaintiff appeals from the judgment rendered on that verdict.

The defendant was in possession of a four-story building upon the fourth floor of which it maintained a factory. The ground floor was used partly as a warehouse and partly as a retail store. In that part used as a warehouse, which was the rear part of the first floor, there was an elevator running from the basement to the fourth floor. This was a freight elevator, and was moved from floor to floor as the business of the defendant required. It was also customarily used by the employees of the defendant and by such other persons as were permitted to have access to the upper floors. The elevator-well was guarded by a gate. In order to bring the elevator to the floor it was necessary to raise the gate. There was sufficient light so that one could see clearly after one’s eyes became accustomed to the light; but a person coming from the bright…