Bromberg

Action was brought in the district court by I. Bromberg against Western Union Telegraph Company to recover damages for personal injuries. The parties are citizens of different states and the amount involved exceeds the sum of $3,000, exclusive of interests and costs, 28 U.S.C.A. § 41 (1). Trial was had without a jury, and judgment was rendered in favor of Bromberg for both general and special damages. Western Union appeals.

On June 1, 1942, Bromberg, a man of approximately eighty-seven, resided at the Congress Hotel in Portland, Oregon. On that date, at about 3:30 P.M., Genevieve Cline, a young lady employed by Western Union as a messenger in the downtown district of Portland, was standing at the main desk in the lobby of the Congress Hotel, picking up or delivering a telegram. Bromberg came up and stood to the rear of Genevieve, either directly behind her or a bit to one side, waiting to step up to the desk and ask for his mail. Upon leaving her position at the desk, Genevieve brushed or bumped into Bromberg, of whose presence she was not aware; and following the contact Bromberg fell to the floor and sustained serious injuries;

*289 It is the contention of Bromberg that the…