235 Pa. 219 | Pa. | 1912
Opinion by
The injuries for which plaintiff here sought to recover, resulted from a fall through an unguarded opening in the first floor of the building in which she was employed. The opening was intended for the passage of a small freight elevator, or hoist, worked by hand, which was located in the hallway near the front door, and extended across a passage leading from the door to a stairway, by which access was had to the upper floors of the building. The hall was short, being only about five and a half feet in length. Under ordinary circumstances, the elevator stood at the first floor, and the floor of the elevator then formed the floor of the passageway, so that persons entering the hall from the street passed directly over the floor of the elevator. The arrangement was such, that when the elevator was raised the opening in the floor of the hallway was expected to be covered by trap doors, working automatically. The defendant in this case was the lessee of the entire building, with the right to sub-let. He retained for his own occupancy only the first floor and basement, and sub-let the upper floors of the building to the firm
It appears from the evidence that on the morning of the accident plaintiff came to the premises early. Some of the employees of Wise & Goodman had arrived and gone into the building, but defendant’s place of business was not yet open, and no one connected with it had as yet arrived. It was not shown that defendant or anyone in his employ had anything to do with the elevator on that day. When the plaintiff arrived, she opened the street door, and stepped into the hallway, which was dark, and another step precipitated her into the basement through the hatchway, which was open and unguarded. The elevator had been raised, but whether far enough to operate the trap doors did not appear; at least, they did not come down so as to guard the opening. Obviously the fault was that of the person who had made use of the elevator, and in so doing had left the hatchway unguarded without giving any notice of the danger to persons entering the hallway from the street. Just after the accident, it was noted that the elevator was stationary near the second floor. The natural inference would be that one of the occupants of that floor had brought the elevator to that point. Who that person was, the evidence did not show. But there was nothing to indicate that the defendant was in any way responsible for the movement of the elevator at that time, or for the consequent exposure of the opening in the floor.
It is urged upon behalf of plaintiff that the defendant as lessee of the entire building was bound to take notice of the dangerous condition of the hallway, owing to the location of the elevator and its operation there; and that he was guilty of negligence in permitting such conditions to continue. Whatever may be said as to this, the fault in that respect was not the direct and proximate cause of the accident. That resulted directly, as we have pointed out, from the reckless and negligent manner in which the elevator was used by the person who last moved it away from the first floor. Under the evidence it was not the fault of the defendant.
The first assignment of error is sustained. The judgment is reversed, and is here entered for the defendant,