61 Md. 64 | Md. | 1883
delivered the opinion of the Court.
In this case suit was brought by an employé against his employers to recover damages for personal injuries sustained by him while in their service.
The defendants, Lorentz, Rittler and Bechtel, were co-partners, and owned a large building in the City of-Baltimore, in which they manufactured fertilizers. In this building there was a steam elevator running from the first to the third floor of the factory, by means of which materials used in the business were hoisted or lowered. This elevator had an automatic arrangement so adjusted that with a ton weight on the platform it would stop at the third floor, and with a greater weight a little below, and with a less weight a little above this floor. It could also be stopped in the usual way by pulling the check-chain or rope. The plaintiff had been in the service of the defendants about a year, and had at one time worked at the elevator, but at the time of the accident he was working as a hand in the mixing-room on the third floor of the building.
The declaration charges that on the 25th of June, 1881, Rittler, one of the defendants, went upon this elevator to be carried from the first to the third floor, and while being
The case was tried before a jury upon issue joined on the plea of not guilty. At the trial two exceptions were taken by the defendants, and the verdict and judgment being against them, they have appealed.
The first exception is to the granting of the plaintiff’s prayer, and the rejection of the first, second, third, fourth,
Upon the assumption that there was evidence in the case to justify the jury in finding the facts set out in this prayer, there can be no question as to the right of the plaintiff to
But the defendants by their first, second, and fourth prayers asked the Court to instruct the jury in effect, that there was no evidence that Rittler ordered the plaintiff to come upon the elevator at the time of the accident or that he knew that it was at that time a place of danger. Instructions of this character cannot be granted if there be any evidence legally sufficient to warrant the jury in finding or inferring the facts in controversy, and they always assume the jury will, as is their right, believe such evi
This is the account the plaintiff gives of the occurrence, and assuming, as we must in disposing of these prayers, that the jury believed this to be the true version of the affair, and that the conflicting statement of Rittler was inaccurate or untrue, we have no difficulty whatever in saying there was ample testimony to justify them in finding that Rittler not only ordered the plaintiff to come upon the elevator but that he knew at the time that it was a
The defendant’s fifth prayer denies the plaintiff’s right to recover, under the pleadings in the case, because it is. not alleged in the declaration that the defendants or either of them ordered the plaintiff to go upon the elevator, but the Court was clearly right in rejecting it. It is averred in the declaration that Eittler> wrongfully, negligently, and in default of his duty ordered and directed the plaintiff to come from the third floor of the factory and
By the defendants’ sixth prayer, which was conceded, the jury were instructed that the plaintiff cannot recover unless they find from the evidence that Rittler, on the occasion of the accident, ordered the plaintiff to stop the hoist; and by their seventh prayer, which was also conceded, the jury were further instructed, that if they find that in stepping on the elevator the plaintiff did not act with the care that might reasonably have been expected from a prudent man, under all the circumstances of the case, then their verdict must be for the defendants. These instructions embrace the legal proposition contained in the defendants’ third prayer, and gave them the benefit of all the law they were entitled to.
From the second exception it appears that after the Court had thus ruled upon all the prayers offered on both sides, the defendants offered two additional ones, which the Court declined to consider under its Rules 34 and 35. These rules, which are set out in the record, provide in substance that after all the testimony intended to be offered on both sides is introduced, the Court will expect to be furnished with all the prayers the parties respectively propose to found thereon, and after argument upon the same, the Court, on the whole case, will give such instructions as may appear requisite to place the cause fully before the jury; and after the jury shall have been so charged or instructed no additional prayer will be received, nor additional evidence given to the jury unless by permission of the Court. These rules fully justified the Court in refusing to entertain these prayers, and its ruling in this respect, being in the exercise of its discretion, is not the subject of review by this Court. United States Telegraph Company vs. Gildersleeve, 29 Md., 232; Porter vs. Bowers, 55 Md., 213; Bushey vs. Culler, 26 Md., 534. And for
Judgment affirmed.