Thompson v. B. Nugent & Bro. Dry Goods Co.

• Decision Date: 04 June 1929
• Docket Number: No. 20695.,20695.
• Citation: 17 S.W.2d 596
• Court: Missouri Court of Appeals
• Parties: THOMPSON v. B. NUGENT & BRO. DRY GOODS CO.

17 S.W.2d 596

THOMPSON v. B. NUGENT & BRO. DRY GOODS CO.

No. 20695.

St. Louis Court of Appeals. Missouri.

June 4, 1929.

Appeal from St. Louis Circuit Court; John W. Calhoun, Judge.

"Not to be officially published."

Action by Anna Thompson against the B. Nugent & Bro. Dry Goods Company. From an order sustaining plaintiff's motion for new trial after verdict and judgment for defendant, defendant appeals. Affirmed.

Fordyce, Holliday & White, of St. Louis, for appellant.

Hyman G. Stein and Earl M. Pirkey, both of St. Louis, for respondent.

NIPPER, J.

Plaintiff sued defendant for $7,500 for personal injuries alleged to have been sustained by her in August, 1924, while she was in an elevator owned and operated by the defendant.

The petition alleges that defendant was operating and conducting a retail mercantile establishment in the city of St. Louis, and, in connection therewith, operated elevators to and from different floors of the building; that on the day she was injured she was a passenger in one of these elevators which was being controlled and operated by the defendant as a common carrier of passengers; that while she was a passenger in said elevator the agents and employés of defendant shoved and pushed a certain person into said elevator, causing said person to step upon and mash plaintiff's left foot and ankle, whereby, plaintiff sustained permanent injuries in that the bones of her left foot were broken and dislocated and that she had been rendered permanently lame.

The answer was a general denial.

The evidence discloses that plaintiff was a married woman living with her husband, and on the date of her injuries she was shopping in defendant's store. She entered an elevator, and at the time she entered the same there were no passengers except herself. After descending the elevator to a certain floor the operator of the elevator opened the door and then started to close it, at which time a woman called to stop the elevator. The elevator was stopped and taken back, where plaintiff saw a man and a woman being held by two women, who were then placed on the elevator. Mrs. Scofield was holding the man and another woman was holding the woman. The elevator door was opened and the man and woman were pushed into the elevator. The man stepped on plaintiff's foot. Plaintiff got out of the elevator and after resting a while took another elevator and went downstairs. When plaintiff came downstairs after the accident she reported it. She called a doctor the next morning to treat her. The evidence discloses that she had considerable trouble with this foot after the accident. Miss Keller, a saleslady, waited on plaintiff the day of the accident.

The evidence as offered on the part of the defendant consisted first of the testimony of Mrs. Scofield, which was to the effect that she had been house detective for the defendant for six or seven years prior to the accident; that she did not make any arrests in connection with another woman at the time the accident is alleged to have happened, and that she did not take anybody and push them into the elevator; that she did not on said date make any arrests at all on the fourth floor where plaintiff boarded the elevator; that her instructions were to make arrests outside of the store and then bring them to the office of the superintendent on the fifth floor; that she had never seen plaintiff until the day her deposition was taken.

Irene Hitte, a witness for defendant, testified that ...