Monaghan v. Equitable Life Insurance
Supreme Court of Iowa
Appeal from Polk District Court. — Charles A. Dudley, Judge. The decedent rightfully made use of a passenger elevator, maintained and operated by the defendant in its building. She fell, in some manner, and was found to be dead. A verdict was directed for the defendant, and plaintiff appeals.
1Opinion of the CourtSalinger, J.
I. On the authority of Cubbage v. Youngerman, 155 Iowa 39, a case which seems to be fully in accord with authority generally, the trial court held with the appellant that one who operates a passenger elevator in a building to which the public is invited, which elevator the public uses on such invitation, is held to the same measure of care that is required of a public carrier of passengers: that is, the highest degree of skill and foresight consistent with the efficient use and operation of the means of conveyance. The court followed this to its logical end, by hold*353ing that, an accident being…
2Cases cited29 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Munsey v. WebbSupreme Court of the United States · 1913
- Smith v. St. Paul City Railway Co.Supreme Court of Minnesota · 1884
- New York, Chicago & St. Louis Railroad v. BlumenthalIllinois Supreme Court · 1895
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3Cited by7 opinions
- Mast v. Illinois Cent. R. Co.District Court, N.D. Iowa · 1948
- Highland Golf Club of Iowa Falls v. Sinclair Refining Co.District Court, N.D. Iowa · 1945
- Crozier v. Hawkeye Stages, Inc.Supreme Court of Iowa · 1929
- Dodge v. McFallSupreme Court of Iowa · 1951
- Johns Hopkins Hospital v. CorreiaCourt of Special Appeals of Maryland · 2007
2 more not listed; retrieve them via the Exa API.