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37 F.2d 895

Docket No. 5670.

Otis Elevator Co. v. Walstad

Fifth Circuit Court of Appeals

Decided February 10, 1930.

Rehearing Denied March 7, 1930.

Fifth Circuit Court of Appeals · decided 1930-02-10

2 counsel of record

Opinion by Rufus Edward Foster · Decided 1930-02-10

¶1T. J. Blackwell, of Miama, Fla. (Huber, Blackwell & Gray, of Miami, Fla., on the brief), for appellant.

¶2F. M. Hudson and Rudolph Isom, both of Miami, Fla. (Hudson & Cason, of Miami, Fla., on the brief), for appellees.

¶3Before BRYAN and FOSTER, Circuit Judges, and GRUBB, District Judge.

¶4FOSTER, Circuit Judge.

¶5Appellee recovered damages for personal injuries caused by the falling of an elevator in the Dade county courthouse, in which she was a passenger. Error is. assigned to the refusal of a directed verdict and to portions of the charge to the effect that a presumption of negligence on the part of appellant arose from the accident.

¶6There is no doubt appellee was injured while a passenger in the elevator. There was evidence tending to show that the building had just been about completed and was open to the public. Appellant had installed the elevators; some had been accepted and were being operated by the county, but the *896one involved in the accident had not been accepted. It was being operated by an agent of the appellant for its own convenience and the public was permitted to use it.

¶7The record presents no reversible error.

¶8Affirmed.

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