Bancroft

This is an action to recover damages from the corporation defendant, alleged to have been sustained by plaintiff by reason of the fall of a passenger elevator erected by said defendant for plaintiff in the History Building, Market street, San Francisco. Defendant, among other defenses to the action, set up the bar of the statute of limitations as found in subdivision 1 of section 339 of the Code of Civil Procedure, which provides that “an action upon a contract, obligation or liability, not founded on instrument in writing, or founded upon an instrument of writing executed out of this state,” shall be brought within two years. At the trial, and upon the close of plaintiff’s testimony, defendant moved the court for a nonsuit, which motion was granted, and judgment entered in favor of defendant for costs. This appeal is from an order of the court denying a motion on behalf of plaintiff for a new trial.

Whether or not plaintiff’s cause of action is barred by the statute of limitations is the only question necessary to be con-, sidered- on this appeal. Some minor questions were made *588 at the trial, none of which, however, have any bearing upon the main point, viz., the bar of the…