Opinion
Gen. No. 42,600. (Abstract of Decision.)
Opinion filed May 19, 1944.
BUILDINGS AND BUILDING RESTRICTIONS, § 38 — evidence sufficient to sustdin judgment for plaintiff who was injured in elevator accident. In personal injury action, judgment for plaintiff affirmed, where evidence showed that plaintiff was injured when defendant's elevator, out of the operator's control, slid past the first floor and into the basement, since defendant, in the operation of the elevator, was a common carrier and held to the highest degree of care, and the sliding of the elevator was prima facie evidence of negligence, and it was defendant's burden to show that he exercised such care in order to prove that he was not negligent.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. MICHAEL FEINBERG, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the April term, 1943.
Ross, Berchem Schwantes, for appellant.
Thaddeus C. Toudor, for appellee; Joseph Barbera, of counsel.
Not to be published in full. Opinion filed May 19, 1944.