173 Ky. 447 | Ky. Ct. App. | 1917
Opinion of the Court by
Affirming.
This is an appeal from a judgment of the McCracken Circuit Court, in an action, wherein C. E. Renfro, the appellee, recovered of the appellant, Palmer Hotel Company, the sum of $2,500.00 in damages, which the appellee claimed to have sustained on account of personal injuries received by him, while riding in an elevator in the hotel of the appellant. The appellee claimed that while a guest at the hotel of appellant and having been assigned to a room upon the third floor of the hotel, he' undertook to ascend to it, in the elevator from the first floor, when, on account of the defective and dangerous condition of the elevator and the insufficiency and defectiveness of the machinery, appliances and equipment .of the elevator and the incompetency of the servant of the appellant, who was undertaking to operate the elevator, that the elevator, becoming unmanageable, descended with great force and velocity to the basement, a distance of more than fifty feet, and that by reason of the violence of the fall, he was greatly bruised, stunned, injured and strained, and the muscles and ligaments of his back lacerated and injured, and that since that time, which was the 18th day of May, 1916, he has been incapacitated from following his business, and permanently injured; that he had lost more than four months of time while confined to his home after the injury, and lost an employment, for which he
The answer of the appellant traversed the allegations of the petition, and in addition thereto, set up and relied upon alleged negligence of appellee, which it was alleged contributed to his injuries.
The appellant’s motion for a new trial having been overruled, it has appealed to this court and insists upon a reversal of the judgment upon two grounds: .(1) Because the amount of the judgment is excessive; and, (2) because the court erred in refusing to give it a new trial on account of newly discovered evidence, which .was set up in the affidavits of the manager of the appellant and the proposed new witness, and which accompanied the motion for a new trial.
The judgment is, therefore, affirmed.