Jones v. Otis Elevator Co.

This is not an ordinary tort action. The liability of the defendant, if any, must flow from the negligent breach of its contract with the Medical College of Virginia. This was pointed out in the former opinion referred to herein (231 N.C. 285, 56 S.E. 2d 684). See also 12 Am. Jur. 820, et seq.; 38 Am. Jur. 664, 45 C. J. 650; Standard Oil Co. v. Wakefield, 102 Va. 824, 47 S.E. 830, 66 L.R.A. 792; American Oil Co. v. Nicholas, 156 Va. 1, 157 S.E. 754.

It is admitted that at the time of plaintiff’s injury the defendant was under contract with the Medical College of Virginia to maintain some…