Jefferson v. Young Men's Christian Ass'n
Jefferson v. Young Men's Christian Ass'n
Opinion of the Court
Opinion by
This is an appeal from the refusal of the court below to take off á compulsory non-suit in an action of trespass. The plaintiff as administratrix of the estate of her deceased son, brought this action for damages for the latter’s death resulting from the alleged negligence on the part of the defendant, the Young Men’s Christian
When Jefferson engaged a cot and asked for a bath, the desk clerk noted that the former “had the odor of intoxicating liquor on his breath”, but he had no difficulty in Avriting his name and address or in giving the clerk the money for the cot. The clerk said that Jefferson “walked all right”.
Apparently Jefferson instead of going to the shower room, where he was directed to go, went doAvn the steps and opened the door and went into the locker room and there he undressed and from there he climbed another set of steps and opened the door and Avent into the room containing the swimming pool.
After trial, the court granted a non-suit on the ground that the plaintiff had established no negligence on the part of the defendant. The court Avas correct in so holding. That an unguarded swimming pool anywhere presents possibilities of danger is evident. If such a pool Avere situated where infants and young children might fall into it, its creation and existence in that place and in an unguarded condition might well be adjudged negligence, (See Altenbach et ux. v. Lehigh Valley R.R. Co., 349 Pa. 272, 37 A. 429), but the creation and maintenance of a swimming pool in a place and time where only adults have access to it cannot be adjudged negligence. Persons beyond the stage of infancy or early youth are reasonably expected to be self-protecting. Every deep stream of water and every deep pool in the land is a source of danger if persons walk into them blindly. If in the instant case, Jefferson was in such an intoxicated condition that it was obvious to the defendant’s agent, i.e. the clerk, that he Avas not able to realize Avhere he Avas going and what he Avas doing, it might have been negligent to have permitted him to go in the
There is no evidence in this case that the defendant failed to exercise ordinary care in the arrangement and operation of its lodging house. It was not required to have an attendant or guard at the swimming pool at that time of night. Under the facts of this case, defendant’s agent had no reason to anticipate that the decedent would go into the room where the swimming pool was located. Neither was the defendant obliged to keep locked the door between the locker room and the room where the swimming pool was located. No person is required to take extraordinary precautions to save adults in apparent possession of their reasoning faculties from the consequences of their own inattentiveness and carelessness. 20 Ruling Case Law, sec. 101, p. 117, makes this statement: “Everyone has a right to proceed upon the assumption that those to whom he owes a duty of care are normal in every respect and prepared on their part to exercise the care of prudent persons generally.”
Since there was no proof of defendant’s negligence, it is not necessary to discuss at length the evidence of the decedent’s contributory negligence. That he was negligent if he walked into the pool is clear. In Walker v. Broad and Walnut Corporation, 320 Pa. 504, 182 A. 643, the facts were that the guest of the hotel who entered the lobby at three o’clock in the morning, slipped and was injured on the lobby floor which at that time was wet and slippery owing to the fact that it was being cleaned. Plaintiff contended that a sign should have been posted, or the premises roped off, or that someone should have been standing guard at the door to warn her of the fact that the floor was being cleaned. On these grounds the trial judge submitted the case to the jury and the jury returned a verdict in the plaintiff’s favor and this court held that plaintiff was clearly guilty of contributory negligence as a matter of law and the court should have directed a verdict for defendants. We said: “Plaintiff violated the ordinary duty of care required of all persons to look where they are going. Had she been looking into the lobby as she was coming through the door she could not have failed to see the cleaning man who was busily engaged with his mop and bucket just a few feet inside the entrance. Her view was not obstructed by any other persons thereabout.” In the instant case Jefferson should have seen the swimming pool, as the room which contained it was well lighted. On the other hand, if he fell into the pool because of a dizzy spell or because of his intoxication, as plaintiff’s counsel contends, there is nothing in this record which put the defendant on notice of the fact that Jefferson might through dizziness or drunkedness fall into the pool. Such being the state of the record, either Jefferson Avas guilty of contributory
The court below was justified in entering the non-suit and in refusing to take it off. There was no proof of defendant’s negligence which measures up to the standard this court established in Matlack v. Penna. P. & L. Co., 312 Pa. 206, 167 A. 37, and in many other cases. In Rugart et al. v. Keebler-Weyl Baking Co., 277 Pa. 408, 413, 121 A. 198 this court said: “In Pennsylvania, liability for negligence depends on the antecedent probability, not the mere possibility, of harmful results therefrom. The general test of liability is whether the injury imputed to the defendant is such that a person of ordinary intelligence would have foreseen it as the natural and probable outcome of his conduct.”
When this defendant by its clerk permitted the lodger, Vernon T. Jefferson, to go down stairs to take a shower bath, there was no reason why he (the clerk) should have foreseen as the natural and probable outcome of that permission that Jefferson would get into the swimming pool and drown.
The judgment is affirmed.
Reference
- Full Case Name
- Jefferson, Admrx. v. Young Men's Christian Association
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- Published