Kress v. Markline

Citations

• 117 Miss. 37
• 77 So. 858

Syllabus

<p>1. Death. Evidence. Admissibility. Harmless error.</p> <p>In a suit by a widow for the death of her husband caused by his falling down, an elevator shaft in a store while a customer therein, testimony by the widow that her home had not been paid for was inadmissible, but the admission of such testimony was harmless as the jury could not have been misled thereby.</p> <p>2. Death. Evidence. Admissibility.</p> <p>In a suit by a widow for the death of her husband, testimony that deceased left life insurance was properly excluded.</p> <p>3. Negligence. Evidence. Admissibility.</p> <p>In a suit for death caused by falling down an elevator shaft in a store in which deceased was a customer, evidence that the elevator door had on former occasions been left open ' and other people had nearly received an injury thereby, was admissible for two purposes: one to show that the defect or manner of operation had continued for such a length of time that the owner had knowledge or was charged with notice of the defect or negligent manner of operation; the other to show the dangerous character, or nature of the place.</p> <p>4. Negligence. Dangerous place. Notice.</p> <p>In such, case where the testimony showed that the door of the elevator shaft was frequently left open, covering a period of time of practically two years, such testimony showed a negligent habit of operation of the elevator by the employees, and the length of time was sufficient to charge the owner with notice of the manner in which the elevator was operated.</p> <p>5. Same.</p> <p>Being chargeable, therefore, with notice of the manner in which the elevator was operated, this manner of operation without the elevator being guarded by gates or anything oí that character made it a question of fact for the jury as to whether or not the owner was not negligent in properly guarding the same.</p> <p>6. Negligence. Presumptions.</p> <p>In an action for death of a customer by falling down an open elevator shaft in a store, w