FABRICIUS v. MONTGOMERY ELEVATOR COMPANY

No. 50905.

121 N.W.2d 361 (1963)

Jeanette FABRICIUS, Administratrix of the Estate of Thomas E. Fabricius, Plaintiff-Appellee, v. MONTGOMERY ELEVATOR COMPANY, M. L. Parker Company, Defendants, and Insurance Company of North America (its true and correct name being Indemnity Insurance Company of North America), Defendant-Appellant.

Supreme Court of Iowa.

April 9, 1963.


Attorney(s) appearing for the Case

McDonald, McCracken, McDonald & Carlin, Davenport, for defendant-appellant Indemnity Ins. Co. of North America.

Betty, Neuman, Heninger & McMahon, Davenport, for plaintiff-appellee.


THORNTON, Justice.

This is the second interlocutory appeal in this case. The first involved procedure. Fabricius v. Montgomery Elevator Company, 253 Iowa 860, 114 N.W.2d 297.

This appeal is from an order of the trial court overruling defendant's motion to dismiss plaintiff's petition. The question presented is one of first impression in this court.

Plaintiff is the executrix...

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