finding support for jury conclusion that defendant knew personnel would ride elevator, because witnesses testified that defendant’s engineer himself rode it, and that workers rode it regularly during his inspections
How later courts described this case
- finding support for jury conclusion that defendant knew personnel would ride elevator, because witnesses testified that defendant’s engineer himself rode it, and that workers rode it regularly during his inspections
- holding that an insurer was liable for personal injuries suffered as a result of the negligent performance of a gratuitous inspection of the premises where the injuries occurred
- holding where an insurer voluntarily undertook to inspect an insured’s boilers, “ ‘the duty arises, with or without contract obligation to inspect, to exercise reasonable care and skill in each inspection so made.’ [Citation.]”
- rejecting defendant's argument that plaintiff was required to produce evidence of expectation or reliance where defendants negligently performed an undertaking rather than omitting to perform an undertaking
Written by the judges who cited it.
Distinguished
Distinguished by Chisolm v. Stephens, 47 Ill. App. 3d 999 (1977)
Plaintiff cites Nelson v. Union Wire Rope Corp. (1964), 31 Ill. 2d 69, 199 N.E.2d 769, which is inapposite.
The opinion
Mr. Justice Underwood joins in this dissent.