McDowell v. Rockey

The parties here are in an order the reverse of that held in the trial court, and will be referred to herein as they stood in the court below.

On the 24th day of February, 1928, the plaintiff, Ralph M. Rockey, an employee and traveling salesman of the Tippecanoe City Tire Works Company, was a paying guest of the Coshocton Hotel, owned and operated by the defendant, John McDowell. The hotel is of three floors, and contains an electric passenger elevator, operated by the owner, clerks, and porters. The defendant admits that for a period of eleven years the elevator was not equipped with…