Nieman v. Jacobs

BERNSTEIN, Justice, and PHELPS, Chief Justice

(dissenting).

We cannot concur in the disposition of this case by the majority of the Court.

We note that appellee does not dispute that, in accordance with the standard established for common carriers and applied by the great weight of authority to the operation of elevators, it was bound to provide the highest degree of care for the safety of its elevator passengers. Appellant, relying on the doctrine of res ipsa loquitur, claims that appellee was negligent in operating the elevator so as to cause or permit it to slip below the floor level.

We have…