Harzfeld's, Inc. v. Otis Elevator Co.

RIDGE, District Judge.

Plaintiff herein prays actual and punitive damages for injury to1 its business, alleged to have resulted as the consequence of the re-cabling and subsequent service and inspection by defendant of one of its passenger elevators.

Plaintiff, engaged in the retail sale of women’s wearing apparel, entered into a contract with defendant in December of 1948, whereby the latter agreed to regularly inspect and service plaintiff’s elevators located in the Deardorff Building in Kansas City, Missouri. In January of 1949, one of the plaintiff’s elevators became damaged, whereupon the…