Westinghouse Electric Elevator Co. v. Hatcher

DAWKINS, District Judge.

Maxey M. Hatcher was seriously injured in an elevator operated by his employer, Whittle Music Company, hereafter called Music Company. Texas Employers Insurance Association, compensation insurer for the Music Company, intervened in this suit by Hatcher against Westinghouse Electric Elevator Company, appellant, for damages ex delicto. It is claimed that Hatcher’s injuries were caused by the failure of the automatic safety device to stop the fall of the elevator when both cables broke at approximately the same time.

The Music Company and appellant had executed a contract,…