Miller & Co. v. Cadillac Co.
Miller & Co. v. Cadillac Co.
Opinion of the Court
This case is here upon exceptions by the defendant to the overruling of its motion for a new trial after a verdict in favor of the plaintiff. The motion contained only the usual general grounds, and the sole question for determination is whether the verdict in the plaintiff’s favor is supported by the evidence. The suit was against A. C. Miller & Company, a partnership, by Cadillac Company of Atlanta, as assignee, to recover for damage to an automobile, occasioned by the falling of an elevator used by the defendants in connection with their business of repairing and painting automobiles, and in which the automobile of the plaintiff’s assignor was being hoisted at the time the elevator fell. The original petition alleged that the defendants were negligent in the following particulars: (1) In maintaining in their place of business, for carrying automobiles from one floor to another, an elevator that was insecure and unsafe for that purpose. (2) In putting the particular automobile, which was very heavy, upon an insecure and unsafe elevator when the defendants knew or by ordinary care should have known that the elevator might fall with such automobile upon the same. (3) In not regularly inspecting the elevator for defects. (4) In using the elevator as they did when they, knew or by ordinary care should have known that the ropes and cables of the same were worn and rotten and incapable of holding the elevator and a heavy load upon the same. (5) In allowing the ropes and cables to become worn and rotten and in not replacing the same with sound ropes and cables. By amendment other specifications of negligence were added to the petition as follows: (6) “In maintaining an elevator in their hands that was old, antiquated, and not reasonably suited for the purpose of carrying said heavy automobiles such as the automobile of plaintiff. (7) “In not having installed in said elevator a safety device to prevent damage to automobiles in the event the usual running gear of the said elevator should break or give way, it being alleged in this connection that all modern elevators for. the carrying of heavy freight, such as the automobile of the plaintiff, have such safety device, it being alleged in this connection that if the said elevator of the defendants had been properly equipped with such a safety device, that it would not have damaged the car of the plaintiff, even though the elevator had fallen.” The amendment contained other charges of negligence which need not be stated. The evi
We think the evidence authorized a finding that the defendants were negligent as alleged in the first paragraph of the plaintiff’s amendment, designated above as paragraph 6. Furthermore, there was, in our opinion, evidence in support of the charge that the defendants were negligent in not having installed in the elevator a safety device, as contained in paragraph 7 of the amendment. Without going into the evidence further, we are content to say that the verdict was amply supported; and this being true, this court, under the assignments of error, can not do otherwise than affirm the judgment.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.