Marcus Furniture Fatality 16 June 1929

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Marcus Furniture Fatality 16 June 1929 - Topeka, Suit Brought Against Marcus Furniture...
Topeka, Suit Brought Against Marcus Furniture Company TINY BOYFELL THROUGH SHAFT Parents of R. V. rail, Jr., Demand Judgment the for by a tV briefly into to wand" until wide before and of production controlled be and in come. establish system thinking that not succeed the organization, , Suit for $50,000 has been filed against the Marcus Furniture company et al by Mr .and Mrs. V. Sumrall whose 3-year old son, R. V., Jr., died June 11 following his fall down the elevator shaft the furniture store on the preceding preceding Sathrday night. ' Named as defendants in the which is brought on three counts, are A. Marcus, David B. Marcus, and Miss Eva Marcus, members .he firm; and Tony and Sarah Fertitta, lessors of the building or. Front street, north of Oak street, in which the furniture company 3 located. On Saturday night, June 8, as- cording to the declaration of the plaintiffs, Mr .and Mrs. Sumrall, with their little son, visited the Marcus Furniture company and their business took them to the second floor of the building. While the parents were attending to their affairs, and before, it is alleged, they realized the danger of the position of their son, he had fallen through a space between the edge of the second story floor and the elevator platform, landing on the cement floor beneath. The fall, it is alleged, resulted in the fracture- of his skull, serious other injuries the most excruciating pain and finally death. The plaintiffs describe the elevator elevator at the furniture store as consisting of a large square platform platform working in a shaft from second floor to the first. The holt cut for the elevator on the secon floor, it is alleged, is about five six feet square and when the elevator elevator is hoisted to second floor there remains a space between ope!*ng and the elevator which sufficiently large for a child to fall through but-the danger 01 which, it is further alleged, is readily apparent. The plaintiffs aver that, in transaction of their business with the furniture company, it is often necessary for customers to come close proximity with the elevator shaft; that there is no rail the second floor opening; and the space between the floor ami the elevator is an "attractive nuisance" for little children who to .cik down at the first floor. II. \. Sumrall Jr., the declaration declaration centimes, not being sufficiently sufficiently old to exer.'.-o discretion, was attracted to the a.-wrted opening between the second stoi,' floor the elevator and fell though before before his parents realized Ms dan- at ircr. In the second count the plaintiffs plaintiffs charge that Sarah and Tony Fcrtitta, lessors of the building, knew of the alleged danger at elevator shaft on second floor or by the exercise of reasonable could have known of it, but that they failed to have repairs or alterations made. The third (ount (Continued on page six)

Clipped from
  1. The Morning Call,
  2. 16 Jun 1929, Sun,
  3. Page 1

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  • Marcus Furniture Fatality 16 June 1929

    mdsertit – 27 Mar 2013

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