Garcia v. Furnace and Tube Service

This is an appeal from a judgment for plaintiff in a negligence case for personal injuries sustained in a passenger elevator. Plaintiff sued the building company, as owner of the building and the elevator in it. The building company impleaded Otis Elevator Company, as a third-party defendant, alleging that Otis was liable to the building company for breach of a contract to furnish maintenance on the elevator in question and another in the same building. Plaintiff filed an amended declaration against the building company and Otis, alleging negligence of each. The case, including the third-party action, was tried before a jury, which found a verdict for plaintiff against both defendants, and for Otis in the third-party action. Otis has appealed. The building company did not appeal, but paid the judgment, which was entered to its use. This appeal is defended by the building company, as use plaintiff.