Lippman

Appeal by the defendant from a judgment in favor of plaintiff for damages alleged to have been sustained by her in the raising of a sidewalk freight elevator maintained in the basement of a building owned and operated by the corporation. There is no conflict in the evidence as to how the accident occurred, although there is as to the extent of the injuries.

Defendant leased to the Louis K. Liggett Company a portion of the ground floor of its building located on the west side of Hill Street between Fourth and Fifth Streets in the city of Los Angeles, with right to sublease any portion thereof except that described as “the drugstore space”. Concurrently with the execution of said lease a supplemental agreement was entered into between the parties thereto with regard to the use of the sidewalk elevator above mentioned, the material portion of which reads as follows: “In common with other tenants and occupants of the building and this corporation, you are to have free use of the sidewalk freight elevator on Hill street when the same is completed and accepted by us; when used for your purposes the elevator shall be operated by your own employees, at your own risk, on your own…