152 Mass. 513 | Mass. | 1890
This is an action of tort for personal injuries occasioned to the plaintiff by falling into an unguarded elevator well on Albany Street in Boston. In order that the plaintiff might maintain his action, in which he relied solely on the common law counts of his declaration, it was necessary for him to offer evidence which would justify the jury in finding that he entered, or attempted to enter, upon the defendants’ premises by some invitation or authority from them -, that he was injured in so doing by some want of care, for which they were responsible, in the construction or the management of the approach to the entrance he was authorized to use, by means of which neglect he was injured; and that he was himself in the exercise of due care. It is not necessary to decide that, upon the evidence offered, the jury should have found in the plaintiff’s favor on these three propositions. If it was sufficient, if believed, to authorize them so to do, the case should have been submitted to them.
The plaintiff was a United States letter carrier; the place which he sought to enter was known as number 619 Albany Street. It was always open, having no door to close it. Ascending from its threshold, which itself constituted the first step, was a flight of four or five steps, to a door which opened upon an entry or hallway in which were three or four boxes, placed there
If the plaintiff was authorized and induced to enter this hallway, there was also evidence of a want of due care in the management of the elevator well down which the plaintiff fell. It opened directly upon the street, about twenty inches back from the line of the street, by a doorway framed in granite, its thresh
It is said by the defendants, that the opening into which the plaintiff fell was not on the premises let to Mellish, Byfield, & Co., and that there can be no liability on their part for an injury which did not arise from any defect either of the leased premises or of premises over which the tenants had the right of inviting customers, so that, even if they would be liable to the plaintiff for an injury if he had received it in the hallway by a defect existing there, they are not liable for an injury incurred by reason of negligence in the management of any opening not on the leased premises. This is to limit the liability of the defendants quite too narrowly. If the defendants had induced or invited through their tenants the plaintiff to enter at number 619 Albany Street, so far as the access thereto was under their own control, it was their duty to see that this access was not endangered by their negligence in the management of the other parts of their building, in order that a person rightfully seeking to enter should not be exposed to the liability of a fall into an opening so constructed that it might well be mistaken for the proper entrance. Elliott v. Pray, 10 Allen, 378, 385. Larue v. Farren Hotel Co. 116 Mass. 67. Headman v. Conway, 126 Mass. 374.
There remains the question whether the plaintiff offered any sufficient evidence of due care. He knew the character and description of the premises; he had passed them many times, and was aware that the two entrances were close to each other; but his previous knowledge of their dangerous proximity is not conclusive that he was not exercising due care in attempting to enter. Looney v. McLean, 129 Mass. 33. He described the care with which he moved, his feeling his way, his effort to
We are therefore of opinion, that the learned judge who presided was in error in withdrawing the case from the jury, and that the questions of fact involved should have been submitted to their experience and judgment.
Case to stand for trial.