McGinnis v. Kerr
McGinnis v. Kerr
Opinion of the Court
Opinion by
There was no evidence of negligence on the part of the defendants. They were not the owners of the building or the elevator, nor was the latter one of the tools for defendants’ employees to use, or a place for them to work in. The latter used the stairs or the elevator in going from floor to floor at their own volition, apparently as defendants themselves and everybody else about the building did. If there was danger in the use of the elevator it was as open to the notice of the deceased as to defendants, and he being of full age and a mechanic in a trade requiring intelligence was in no need of instruction as to obvious risks.
But beyond this there was no evidence to show how or why the deceased got into the position of danger. Three men working on the building, but not employees of defendants, after starting the elevator found that it stopped, and looking up the shaft saw deceased’s head pinned under the balance weight on an upper floor. That is all that is known of the accident. Why the deceased put his head in the place of danger can only be conjectured, and so far as the accident itself speaks it points to deceased’s own negligence.
Judgment affirmed.
Reference
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- Negligence—Elevators—Evidence—Nonsuit. In an action to recover damages lor tlie death of plaintiff’s son against the latter’s employer, it appeared'that the defendants were contractors for carpenter work in remodeling the interior of a building. Plaintiff was one of their employees. There was an elevator in the building which was operated by the person using it, and was used by tlie various workmen in the building. The defendants did not own the building, nor had they anything to do with the construction or use of the elevator. Three men working in the building, but not employees of defendants, after starting the elevator found that it stopped, and looking up the shaft saw deceased’s head pinned under the balance weight on an upper floor. This was all that was known of the accident. Held, that a nonsuit was properly entered.