State Realty Co. v. Ligon

Dr. Ellen B. Ligón sues the State Realty Company for personal injuries, due to the negligent operation of a passenger elevator in defendant’s office building in Mobile.

Count 1 charges the defendant “maintained and operated an elevator therein for the purpose ,of transporting tenants and other parties going to and from offices located on the upper floors of the said building.” There is no averment that the plaintiff was at the time a tenant or party going to or from an office on an upper floor. Without more, the complaint would fail to show plaintiff was within the class to whom the duty .of…