LeFoe v. Corby Co.
LeFoe v. Corby Co.
Opinion of the Court
delivered the opinion of the Court:
It is not disputed that the defendant owed plaintiff the duty of keeping this elevator in a reasonably safe condition. While the weight of authority is to the effect that the operator of a freight elevator is required to use only reasonable care and diligence to keep it safe, the inherently dangerous character of such an instrumentality has always been considered in the determination of the question of what amounted to such reasonable care and diligence. Although such an elevator is intended to be used for the carriage of freight, its operation and control require the presence, upon or about it, of a human agent.
In Wilson v. Escanaba Woodenware Co. 152 Mich. 540, 116 N. W. 198, which was an action for damages resulting from an alleged defect in a freight elevator which was being so used at the time of the accident, the court said: “This elevator, like
In Bruce v. Beall, 99 Tenn. 303, 41 S. W. 445, the court, speaking of the degree of care required of the master operating a freight elevator, said: “ ‘And it may be added that this duty of the employer to exercise reasonable care to see that the machinery and. its appliances which he provides for his employee, are suitable and sufficient, and as safe as care and skill can make them, is ‘in proportion to the importance of the business and the perils incident to it.’ Nashville & C. R. Co. v. Elliott, 1 Coldw. 616, 78 Am. Dec. 506; Nashville & D. R. Co. v. Jones, 9 Heisk. 28.”
In Wise v. Ackerman, 76 Md. 375, 25 Atl. 424, Mr. Chief Justice Alvey, in delivering the opinion of the court, said: “But an elevator is in many respects a dangerous machine, and though it may be primarily intended only as a freight elevator, yet, if the employees, in the course of their employment, are authorized or directed to use the elevator as means of personal transportation, the employer, controlling the operation of the elevator, is required to exercise great care and caution both in the construction and operation of the machine; so as to render it as free from danger as careful foresight and precaution may reasonably dictate.” See also McGuigan v. Beatty, 186 Pa. 329, 40 Atl. 490.
The jury, therefore, in determining the question as to what would constitute reasonable care on the part of the defendant in keeping this elevator in repair, are entitled to take into com
The rules of law governing the determination of the question as to what is the proximate cause of an injury have been so many times discussed, both in the Supreme Court of the United States and in this court, that it would be a waste of time to do more than cite the eases upon that question. Atchison, T. & S. F. R. Co. v. Calhoun, 213 U. S. 1, 53 L. ed. 671, 29 Sup. Ct. Rep. 321; Munsey v. Webb, 37 App. D. C. 185; Steven v. Saunders, 34 App. D. C. 321; Washington, A. & Mt. V. R. Co. v. Lukens, 32 App. D. C. 442. The practical question here is whether, in the sequence of events between the defendant’s default, — assuming for the present that there was such a default, — and the plaintiff’s injury, an entirely independent and unrelated cause intervened, or whether that injury was the immediate, natural, and probable consequence of such default.
Certainly plaintiff’s injury was traceable to the defendant’s negligence. Under the evidence the jury would have been warranted in finding that but for tbat negligence the accident would not have occurred. This elevator was furnished ror the very use to which it was being put. The chute was one of the instrumentalities by. which the loading of the ice was effected. It formed the necessary connection between the elevator and the car, and projected on an incline from one to the other. When, therefore, a cake of ice was released into the chute at the elevator door, it was inevitable, under the law of gravity, that it would be precipitated into the car. This the defendant must have known. Taking into consideration all
Judgment reversed, with costs, and the cause remanded for further proceedings. Reversed and remanded.
Reference
- Full Case Name
- LeFOE v. CORBY COMPANY
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Freight Elevators; Negligence; Proximate Cause; Questions for Jury. 1. While the operator of a freight elevator is required to use only reasonable care and diligence to keep it safe, the inherently dangerous character of such an instrumentality will be considered in the determination of the question of what amounted, in a given case, to such reasonable care and diligence. 2. In an action for personal injuries by one injured in the operation of a freight elevator, the jury, in determining the question as to what constituted reasonable care on the part of the defendant in keeping the elevator in repair, should take into consideration the character of the instrumentality, its liability to get out of repair, and the consequences reasonably likely to ensue from any negligence in that regard. 3. In determining whether the defendant’s negligence was the proximate cause of the plaintiff’s injury, the question is whether, in the sequence of events between the defendant’s default and the plaintiff’s injury, an entirely independent and unrelated cause intervened, or whether the injury was the immediate, natural, and probable consequence of such default. (Citing Washington, A. & Mi. V. It. Go. v. Lulcens, 32 App. D. C. 442; Steven v. Saunders, 34 App. D. C. 321, and Munsey v. Webb, 37 App. D. C. 185.) 4. In an action for personal injuries, where it appeared that the plaintiff, while in a ear loading ice, which was delivered to the ear by means of a chute running from a door of the defendant’s building, to which it was raised from below by means of a freight elevator, was injured by a block of ice being precipitated down the chute into the car, without warning to the plaintiff, the release of the ice being caused by the jumping of the elevator, which was out of order, it was held that it was a question for the jury whether the plaintiff’s injury was the natural and probable consequence of the defective condition of the elevator. (Following Steven v. Saunders, 34 App. D. C. 321, and Munsey v. Webb, 37 App. D. C. 185.)