Bradley v. Burdick Hotel Co.
| Decision Date | 11 October 1943 |
| Docket Number | No. 3.,3. |
| Parties | BRADLEY v. BURDICK HOTEL CO. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Action by John Bradley against Burdick Hotel Company for personal injuries. From a judgment for plaintiff after defendant's motion for directed verdict was reserved and motion for judgment non obstante veredicto was denied, defendant appeals.
Affirmed.
Appeal from Circuit Court, Kalamazoo County; Geo. V. Weimer, judge.
Before the Entire Bench.
Howard, Howard & Howard, of Kalamazoo, for appellant.
Phillip C. Kelly, of Jackson, for appellee.
Plaintiff was injured while in a passenger elevator in defendant's hotel. On trial by jury judgment of $5,000 was awarded to plaintiff. At the close of plaintiff's case, defendant made a motion for a directed verdict and decision was reserved. After verdict, defendant moved for judgment non obstante which was denied. Defendant appeals.
In substance the negligence alleged was defendant's failure to equip its elevator with suitable and effective safety devices, its failure to inspect and keep its elevator in a condition reasonably safe for use, and its failure to discontinue use of its elevator when known to be out of repair and unsafe for use.
It is admitted that on February 8, 1942, plaintiff was a guest in defendant's hotel. Shortly after noon, in company with several others, he entered the elevator at the seventh floor in order to descend to the first floor. On this down trip there were nine passengers. There was testimony that at about the fifth floor the elevator started to slip out of control and descended without any reduction of speed to the bottom of the shaft where it hit the bumpers with such force that plaintiff and other passengers were injured.
The proof shows that the elevator was about thirty years old, that it was not equipped with all modern safety devices, that it had several such devices the proper installation of which was questioned by an expert witness. The elevator license granted by the city of Kalamazoo had expired January 1, 1940, and had not been renewed. Defendant had a maintenance contract with the elevator manufacturer under which the manufacturer was employed to make all repairs and adjustments to keep the elevator operating.
During the morning of February 8, 1942, the elevator had not been functioning properly. It had stopped in such a position that two women passengers had to be helped out of the cage by the operator. During the forenoon the hotel maintenance man had placed a new fuse in the service line, after which operation of the elevator was resumed. About noon the elevator ceased functioning and the manufacturer's maintenance man appeared in response to a call from the hotel. He tried to use the passenger elevator but as it would not work, he went to the top floor in the freight elevator. After making some repairs to the passenger elevator machinery in the penthouse, the operator was instructed by the repair man to continue operations. The maintenance man, according to his testimony, watched the machinery function for about fifteen or twenty minutes and then came down from the penthouse to the seventh floor where he entered the passenger elevator to descend to the first floor in order to leave the building. When the maintenance man was on the elevator and as it had reached a lower floor, the operator...
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