McGrath v. Northwestern Trust Co.

Plaintiff appealed from a judgment upon the pleadings.

The complaint alleges that defendant as trustee controls and manages a building in St. Paul for the profit of the beneficiaries; that various portions of the building are leased to tenants; that an elevator was negligently and unlawfully maintained therein by defendant for the convenience and service of the tenants. It was used in carrying and transporting persons and merchandise. Plaintiff was an employe for the American Railway Express Company. He was a driver. For the purpose of delivering packages for his employer to tenants in the…