Ensley Holding Co. v. Kelley

BOULDIN, Justice.

The action is for personal injuries.

The first question presented on this appeal is the refusal of the affirmative charge to defendant.

The alleged injuries are claimed to have resulted from a fall in a passenger elevator operated by defendant in an office building, known as the Ramsay-McCormaek building in the city of Ensley. Without dispute plaintiff was at the time using the elevator in going to an office in the building for business purposes.

It is settled by the law of this state that in such case the plaintiff was an invitee, who, on entering the elevator, became a…