Saunders v. Smith Realty Co.

The opinion of the court was delivered by

Gummere, Chief Justice.

This suit was an action in tort brought by Saunders to recover damages for injuries received by him through the alleged negligence of the defendant.

The defendant, Smith Realty Company, is the owner of an office building in the city of Paterson, about one hundred feet wide, fifty feet deep and four stories high. Below the first floor of the building there was a cellar in which were located the elevator shaft and elevator drum. Around this drum the elevator cable wound as the elevator was going up and unwound as it was going down.…