STAINBROOK v. BERRY

No. 11410.

227 F.2d 536 (1955)

Dan STAINBROOK, Plaintiff-Appellant, v. George BERRY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

December 6, 1955.


Attorney(s) appearing for the Case

Alfred M. Wooleyhan, Quincy, Ill., Harold J. Fleck, Oskaloosa, Iowa, Penick, Wooleyhan & Nielson, Quincy, Ill., Fleck & Jones, Oskaloosa, Iowa, for plaintiff-appellant.

Carl G. Schmiedeskamp, Quincy, Ill., for defendant-appellee.

Before FINNEGAN, SWAIM and SCHNACKENBERG, Circuit Judges.


SCHNACKENBERG, Circuit Judge.

In the words of plaintiff's counsel, this action was brought to recover damages for personal injuries occasioned by alleged negligence of defendant in inviting plaintiff to use an elevator in defendant's building which defendant knew to be unsafe. At the close of plaintiff's evidence, the district court directed a verdict finding the defendant not guilty, and entered judgment thereon, from which plaintiff has appealed to us.

Considered...

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