Donohue v. Western Union Telegraph Co.
Donohue v. Western Union Telegraph Co.
Opinion of the Court
Opinion by
The room in which the defendant company conducted the business of its branch office was not directly accessible from the street. It occupied the entire front of the small single story building in which it was located except the portion taken up by a hall which opened from the street. This hall extended back along the side of the defendant’s office to a door giving access to the rear room of the two which the building contained. The only way by which the employees of the defendant could reach their places of employment was by entering this hallway from the street, traversing it to the door leading into the rear room and passing through that room into the telegraph office. Patrons of the company were expected to enter this same hallway from the street and pass along it a short distance to a window which pierced the partition separating the hallway from the telegraph office. The hall itself could be easily and abundantly lighted during the daytime from windows which were protected by shutters. The defendant. had no possession or right of possession of the cellar and no control whatever of a small trapdoor in the hallway by
About ten . o’clock on the morning of the. accident which gave rise to this litigation, the plaintiff was desirous of sending a telegraphic message. She had no previous acquaintance with this particular office of the defendant but saw on the building the usual sign that a telegraph office was there located. She entered the hallway and found it in partial obscurity by reason of the fact that the shutters of the windows had not yet been opened. She was able to see, however, the small window in the partition, with the usual shelf, etc., indicating the place for the receipt of her message. She found that- window closed. She could .hear the clicking of the telegraph instruments within and , the voices of the employees in conversation. She pounded on the floor with her umbrella in the effort to attract their attention, - but failed to secure it. Looking about for some other means of depositing her message, she saw that the door, leading into the rear room at the farther end, of the hall was ajar, and concluding that it probably furnished access to a place where her message would be received, .started towards it. The testimony shows that just a minute or two before her entrance, a plumber, employed by the owner to do some work in the cellar, had lifted the trapdoor in the floor of the hallway and gone. below without closing the opening, leaving no light or protecting it in any way. The plaintiff, unable because of the obscurity of the hallway, to see the opening, fell into it and was. injured. Thereupon she brought this action to recover damages. The learned trial court refused to direct a verdict for the defendant but submitted the questions of the defendant’s negligence and the contributory negligence of the plaintiff. The jury found for the latter- and this appeal followed.
We cannot agree that the learned trial judge should have declared, as matter of law, that the plaintiff was guilty, of contributory negligence. Relying on the iavi
There was no evidence in the case to warrant a finding by the jury that defendant had any control whatever of the trapdoor leading to the cellar; nothing to show that it ever used such opening or had a right to use it; nothing to indicate that it had any knowledge of the manner in which it was used by the landlord, or that there was any intention or purpose to use it on the morning in question. If the opening of the trapdoor by an employee of the landlord and leaving it unguarded were the sole and proximate cause of the injury to the plaintiff, her case against the defendant would fail on the principles declared in Green v. Baltimore & Ohio R. R.
But it does not follow that the plaintiff would have been injured because of the unguarded opening in the hallway, had the defendant performed a duty manifestly incumbent on it for the protection of its patrons who lawfully entered the hallway. It was its duty to furnish to such patrons a reasonably safe place in which to transact their business. It was obliged to see that the hallway into which it invited its patrons was so lighted by natural or artificial light that by the proper use of their senses they could protect themselves from injury even from an opening in the floor of the hallway or an incumbrance deposited there without the knowledge of the defendant: Hall v. Bessemer & Lake Erie R. R. Co., 36 Pa. Superior Ct. 556. It is in this respect that the present case is differentiated from those we have cited. The plaintiff’s statement averred the failure to light the hall as a distinct act of negligence on which her case rested. Instead of directing the attention of the jury prominently to this alleged act of negligence and the testimony supporting it, the case was practically submitted to them as if it turned on the question whether or not the defendant had such control of the hallway as to make it responsible for the opening of the trapdoor or leaving the opening unguarded. It was only at the conclusion of the charge, when the attention of the court was specially called to the situation, that a few words were said to the jury on what was in fact the controlling question in the case.
The judgment is reversed and a venire facias de novo awarded.
Reference
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- Donohue v. Western Union Telegraph Company
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- Syllabus
- Negligence — Fall through trap — Telegraph company — Contributory negligence — Evidence. In an action against a telegraph company to recover damages for personal injuries sustained,by falling through an open trap in a hall, it appeared that defendant occupied for its telegraph offices a front room in a small building, access to which room from the street was by a hall running along the side of the room. The defendant’s employees’ only entrance to the front room where the telegraph appliances were, was by going through the hall to a door which opened into a back room. The hall could be lighted by opening a shutter. The public transacted its business with the company through a window .in the partition between the hall and the front room. Between this window and the door to the back room there was a trap in the floor of the hall leading to the cellar. The defendant had no control over the cellar nor the door to the trap. Plaintiff went to the defendant’s office about ten o’clock in the morning to deliver a telegraph message. She entered the hall, found the window closed, and not receiving any answer to her knock, but hearing the click of the instruments in the front room, she started along the hall to enter the back room in order to secure attention. As she did so she fell into the trap, the door of which had been left open by a plumber employed by the owner of the house, a few minutes before. Plaintiff was injured. Held, (1) there was no error in the refusal of the trial judge to instruct the jury that plaintiff was guilty of contributory negligence (2) that there was no negligence on the part of the defendant, except that it had failed to open the shutter by which the hall could have been adequately lighted, and (3) that it was reversible error for the trial judge tb charge that the defendant was bound to supply a “safe” place instead of “a reasonably safe place” for the transaction of business by its patrons.