
    Charles L. Miller, Respondent, v. Barker, Rose and Clinton Company, Appellant.
    
      Miller v. Barker, Rose & Clinton Co., 179 App. Div. 948, affirmed.
    (Argued March 21, 1919;
    decided April 8, 1919.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 13, 1917, affirming a judgment iii favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. The action was brought to recover for injuries claimed to have been sustained by the plaintiff on account of the negligence of the defendant. The complaint alleged that on September 25, 1913, plaintiff, a contractor and builder, went to defendant’s store in the city of Elmira, to purchase building materials and was there given a written order for these goods and directed to go to the defendant’s storehouse to obtain them; that plaintiff went to said storehouse, entered through an open door, and while in the building as a customer, and in the exercise of due - care, fell into an unguarded elevator shaft and was severely and permanently injured; that the automatic gate for protecting this elevator shaft was out of repair and had been nailed or fastened up so that it would not close when the elevator was not at the floor level, which condition had long existed, and that the defendant had left the shaft wholly unguarded and unprotected, no light, warning or other means of protection being provided. The defendant denied practically all of the complaint, except its own incorporation, and its possession of the building and that the plaintiff was injured therein;
    H.. D. Bailey for "appellant..:
    ■ 'W. W. Gregg for respondent."-
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Collin, Cuddeback:, Hogan and Crane, JJ. Not sifting: McLaughlin, J.  