Indemnity Insurance Co. of North America v. Otis Elevator Co.

On February 8, 1942, the passenger elevator in the Burdick hotel in Kalamazoo fell, causing injuries to one John Bradley and other passengers. Bradley sued the hotel company, alleging in substance that it was negligent in failing to equip its elevator with suitable and effective safety devices; in failing to inspect and keep its elevator in a reasonably safe condition for use; and in failing to discontinue use of the elevator- when it was known to be out of repair and unsafe for use. On jury trial Bradley obtained a verdict for $5,000, and judgment was entered for that amount. On appeal we…