Legal Opinion

Wolters v. Summerfield Co.

Supreme Court of Iowa

Decided March 18, 1913PublishedCited by 5 opinions

Appeal from, Scott District Court. — Hon. ¥m. Theophilus, Judge. Action to recover damages for injuries received by Harry Tbobe by a weight used on an elevator in defendant’s building, resulting in the death of Thobe. The defendant denied all negligence on its part and pleaded that the negligence, if any, was that of a fellow servant of Thobe. On the issues joined the case was tried to a jury, resulting in a verdict and judgment for plaintiff, and defendant appeals.

1Opinion of the CourtDeemer, J.

The defendant is a corporation, doing business in the city of Davenport. It owns, occupies, and operates in the conduct of its mercantile business a large building, four stories in height, with a basement. In this building is an elevator, running from the basement to the top floor. Harry Thobe, a young man twenty-six years of age, who had done some work about an elevator, was employed by the defendant company, something like two months before the accident, as a shipping clerk and a sort of general manager of the other *129employees. As he was the only one in defendant’s employ who knew about…

2Cases cited5 opinions

  1. Oleson v. Maple Grove Coal & Mining Co.Supreme Court of Iowa · 1901
  2. McQueeny v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1903
  3. Meehan v. Speirs Manufacturing Co.Massachusetts Supreme Judicial Court · 1899
  4. Galloway v. J. W. Turner Improvement Co.Supreme Court of Iowa · 1910
  5. Lammey v. Center Coal Mining Co.Supreme Court of Iowa · 1909

3Cited by5 opinions

  1. M. E. Gillioz, Inc. v. LancasterSupreme Court of Arkansas · 1938
  2. Cybur Lumber Co. v. ErkhartMississippi Supreme Court · 1918
  3. Mortimer v. Farmers Mutual Fire & Lightning InsuranceSupreme Court of Iowa · 1933
  4. James v. Winifred Coal Co.Supreme Court of Iowa · 1918
  5. Seefried v. Wangler Bros.Supreme Court of Iowa · 1917

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