Opinion
November 16, 1955.
Appeal from Supreme Court, Madison County.
Present — Foster, P.J., Bergan, Coon, Halpern and Zeller, JJ.
Defendant school had for many years permitted local organizations to use the combination auditorium-gymnasium for meetings and had granted the De Ruyter Grange such a permission for a meeting to be held on June 17, 1954. Plaintiff was scheduled to play a violin selection at this meeting, and as she walked on the stage she stepped on a trap door, which gave way, throwing her to the floor and causing her to sustain personal injuries. The trap door was flush with the stage floor, of the same color and constructed of the same material. The door was fitted with three metal tongues, actuated by surface screws which locked the tongues into the floor of the stage. There is evidence that the school authorities and employees were familiar with the door and knew it was dangerous if not properly locked. Defendant argues that because no specific mention of the use of the stage was made when permission to use the auditorium was granted, that the permission did not include the use of the stage. However, the stage is in the same room and is a part of the same room for which permission was granted, and there is no evidence that it was excluded from the permission. Questions of negligence and contributory negligence were properly submitted to the jury, and we think only questions of fact were presented. Defendant also contends that the verdict of $7,500 is excessive. It appears from the evidence that plaintiff's injuries were severe and disabling, and the nature and extent thereof are such that we may not say that the jury's evaluation of them was excessive. Judgment unanimously affirmed, with costs.