Holgerson v. South 45th Street Garage, Inc.

Plaintiff, an injured elevator maintenance man, appeals from dismissal of his complaint at the close of his evidence by the Trial Justice, upon a jury trial. Plaintiff sued the owner of premises where the elevator was situated. Defendant owner has also appealed from dismissal of its third-party complaint against plaintiff’s former employer, an elevator maintenance company.

Since, in this negligence action, the complaint was dismissed at the close of plaintiff’s case, only a question of law is raised, namely, as to the sufficiency of plaintiff’s case.

The following was developed in plaintiff’s…