Roy Tong v. Sun Realty Co.

Appellant, defendant below, has appealed from an adverse judgment entered upon the verdict of a jury in an action for damages for personal injuries. The sole ground of appeal involves the sufficiency of the evidence to sustain the verdict and judgment. In this the contention of appellant is twofold. It is claimed, first, that the evidence fails to disclose any actionable negligence on the part of appellant; second, that the evidence shows without substantial contradiction that respondent was guilty of negligence, without which the accident would not have occurred.

Appellant’s brief is an argument upon the evidence, very likely the same argument that failed in the court below. Not a suggestion of complaint goes to any ruling of the trial court, nor is error claimed in the instructions to the jury.

There is little conflict in the evidence, save on the one point of warning given plaintiff, and plaintiff’s testimony that no notice or warning of any kind was given him was evidently taken as the fact by the jury. Appellant is the owner of a building in the city of Los Angeles in which are maintained and operated three passenger elevators. These elevators are of a type capable of a…