Monaghan v. Equitable Life Insurance
Supreme Court of Iowa
Appeal from Polk District Court. — Charles A. Dudley, Judge. The decedent rightfully made use of a passenger elevator, maintained and operated by the defendant in its building. She fell, in some manner, and was found to be dead. A verdict was directed for the defendant, and plaintiff appeals.
1DissentWeaver, J.
(dissenting). — My disagreement with the foregoing opinion rests upon two propositions, the soundness of which is readily demonstrable.
I. Without for a moment questioning the purpose or desire of the majority to maintain a proper attitude of judicial fairness, I desire to say that the fact statement upon which the decision is based is so misleading, mistaken, and incomplete as to be, in its effect, palpably unfair and unjust. The statement is embodied in a' four-line paragraph, in these words:
“The decedent rightfully made use of a passenger elevator, maintained and operated by the defendant…
2Cases cited51 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
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