
    Frederick W. Hanson, Respondent, v. McGraw-Hill Co., Inc., Appellant.
    
      Negligence — elevators — injury by being struck by descending elevator — contributory negligence question of fact for jury.
    
    
      Hanson v. McGraw-Hill Co., Inc., 213 App. Div. 873, affirmed.
    (Argued January 14, 1926;
    decided February 24, 1926.)
    Appeal, by permission, from- a judgment entered April 30, 1925, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which reversed an order of the court at a Trial Term setting aside a verdict in favor of 'plaintiff and directing a dismissal of the complaint and reinstated said verdict. Plaintiff, an employee of a tenant of defendant, was struck by a descending elevator in its building and received the injuries complained of. There was evidence that the doors were out of order which left an open space into the shaft through which workmen were accustomed to shout for the elevator and that at the time of the accident plaintiff was calling through such opening. The trial court dismissed the complaint on the ground of contributory negligence but the Appellate Division held that that question should have been left to the jury.
    
      Robert H. Charlton for appellant.
    
      L. H. Schleider, Leonard F. Fish and Frederic A. Behrens for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Pound, McLaughlin, Ceane, Andbews and Lehman, JJ. Not voting: Cab-J.  