Switzer v. Detroit Investment Co.

While those responsible for the operation of passenger elevators in buildings such as this are classed as common carriers so far as the extraordinary degree of care required of them by the law is concerned (Ferguson v. Truax, 136 Wis. 637, 118 N. W. 251), yet here plainly the plaintiff could not be considered a passenger in any sense of that term, and therefore the allegations of the complaint in that regard are not applicable to the facts here shown. In his complaint plaintiff did not assert that there was on the part of the operator that which is designated in this jurisdiction as gross…