Warner v. Lucey

Van Kirk, J.:

The case was tried as a negligence action and submitted to the jury on the theory that the elevator" was not of sufficient strength and carrying capacity to answer the purposes intended, namely, to be used in a public garage for storage of cars, of the usual weights, on upper floors reached by the elevator. The jury was justified in finding upon the evidence that,, when the lease was made, the elevator, to the knowledge of the defendants Lucey, was unfit for the use intended; that they knew its capacity and condition and had been warned of its insufficiency, but they, without…