Sears, Roebuck & Co. v. Montgomery Elevator Co.

A boy was injured in plaintiffs store when he caught his foot between the moving stairs and the stationary side wall of a moving escalator that had been manufactured and installed by defendant. Plaintiff and defendant each paid $15,000 to settle the action for damages brought against them by the boy. Plaintiff then brought this action for indemnity on the basis of a provision in the contract by which defendant agreed to build and install the escalator. Defendant counterclaimed for the same relief on the basis of a provision in a subsequent agreement for maintenance of the escalator. On…