Legal Opinion

Munsey v. Webb

Supreme Court of the United States

Decided November 17, 1913No. 40PublishedCited by 85 opinions

ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. The facts, which involve questions of negligence in operating an elevator and questions of proximate cause of an injury sustained by a passenger therein, are stated in the opinion.

1Opinion of the CourtJustice Holmes

This is an action brought against the owner of a building for causing the death of the plaintiff's intestate in an elevator in which the deceased was being carried to his place of employment. Negligent construction and negligent management of the elevator are alleged. The plaintiff had a verdict against a request by the defendant that one be directed for him, the judgment was affirmed by the Court of Appeals, 37 App. D. C. 185, and the defendant brought the case here.

The elevator car did not quite fill the well, or shaft, and the bottom of the floor that it was approaching projected at right…

2Cases cited5 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
  3. The Eugene F. MoranSupreme Court of the United States · 1909
  4. Washington & Georgetown Railroad v. HickeySupreme Court of the United States · 1897
  5. Choctaw, Oklahoma & Gulf Railroad v. HollowaySupreme Court of the United States · 1903

3Cited by85 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Nolechek v. GesualeNew York Court of Appeals · 1978
  3. Spivey v. St. Thomas HospitalCourt of Appeals of Tennessee · 1947
  4. Helen Hanna, Cicero Hanna v. Annie C. Fletcher, Trustee of Estate of Florence Johnson, Benjamin F. Fletcher, and Fred S. Gichner Iron Works, Inc.Court of Appeals for the D.C. Circuit · 1956
  5. Hernández Rivera v. Gobierno de la CapitalSupreme Court of Puerto Rico · 1960

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