BUILDINGS AND BUILDING RESTRICTIONS, § 43 — elevator passenger injured, instructions. In action for personal injuries sustained by 81-year-old woman when she stepped into an automatic elevator whose platform was much below the floor level, instruction constituted reversible error because it directed a verdict for defendant, where it stated that defendant was not an insurer and required plaintiff to exercise due care for her own safety, but went on from these correct statements of law to tell jury that if they found plaintiff should have ascertained where floor of elevator was and failed to do so, and such failure was proximate cause of injury, she could not recover, without informing jury that plaintiff had right to assume that those in charge of the elevator had used reasonable care to see that it was in proper condition to perform its functions.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE MATCHETT.
"Not to be published in full." Opinion filed October 1, 1940; rehearing denied October 15, 1940.