Legal Opinion · Dissent

Rockafellow v. Rockwell City

Supreme Court of Iowa

Decided April 24, 1974No. 2-56249Published

1DissentHarris, Justice

The question is whether defendant’s duty to exercise due care for its business invitees was coterminous with the legal description of its landlord’s property. The trial court held the duty existed as to a part of the business ingress and egress which extended over a public parking. Under the somewhat unusual facts of the case I agree with the trial court. I dissent because I believe defendant appropriated the part of the parking in question to its own use.

Defendant’s 1958 building project included a walkway along and across the parking at the front of the building. The walkway, immediately…

2Cases cited4 opinions

  1. Frantz v. Knights of ColumbusSupreme Court of Iowa · 1973
  2. Smith v. JC Penney CompanySupreme Court of Iowa · 1967
  3. Merkel v. Safeway Stores, Inc.New Jersey Superior Court Appellate Division · 1962
  4. Disbrowe v. TuckerSupreme Court of Iowa · 1973

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