Meador v. Hotel Grover

Dissenting Opinion.

Smith, C. J.,

delivered a partially dissenting opinion.

I will assume, as the main opinion does, that the allegations of the first count of this declaration present a case of simple negligence in that the appellee failed to equip the cage of its elevator with an inner door and to keep that door closed while the elevator was ascending and descending, so as to prevent passengers therein from coming in contact with the wall of the elevator shaft. Whether this negligence can he complained of by the appellant depends upon the duty, if any, which the appellee owed Meador to care…