Steckal v. Haughton Elevator Co.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed with costs.

Although the words “strictly liable” appear in plaintiff’s complaint, there was no request to charge on such a theory nor was plaintiff’s motion for a directed verdict made on any such ground. Moreover, there is no proof that the elevator was defective when it left defendants’ hands, an essential of a strict liability cause of action. That defendants both supplied the elevator and serviced it after installation would not impose upon them strict liability for a defect which developed after…