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LOGAN v. McMILLEN

No. 48351.

60 N.W.2d 498 (1953)

LOGAN v. McMILLEN et al. (CHENOWETH-KERN ELEVATOR SERVICE et al., third-party defendants.)

Supreme Court of Iowa.

October 20, 1953.

Attorney(s) appearing for the Case

Davis, Huebner & Johnson and Wessels & Wessels, of Des Moines, for appellants.

Hanson & Wheatcraft, of Des Moines, for plaintiff-appellee.

Bannister, Carpenter, Ahlers & Cooney and Lehmann, Hurlburt, Blanchard & Cless, of Des Moines, for cross-defendants-appellees.

BLISS, Justice.

The factual matters as alleged in the pleadings are that the defendant, Bolton & Hay, a copartnership, and the individual defendants, composing it, owned a business building in Des Moines, in which there was an elevator shaft, with elevator and the necessary operating equipment, for the use of the tenants, but not included in their leases, and over which said defendants retained control. The plaintiff...

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