De Haven v. Hennessey Bros. & Evans Co.

Citations

• 137 F. 472
• 14 Ohio F. Dec. 604
• 1905 U.S. App. LEXIS 4563

Syllabus

<p>1. Master and Servant—Master’s Liability for Injury to Third Person-Assumption op Risk'.</p> <p>A person visiting a public building in course of construction, by invitation of the contractor or its superintendent in charge of the work, where such invitations were frequently given to him, and to oilier citizens, was not a trespasser because of a notice posted outside the building warning the general public to keep' out, and while he assumed the risk of injury from apparent dangers resulting from existing conditions he did not assume the additional risk due to -negligence of the licensor or its servants, and especially of a servant known -to the contractor to be dangerously careless.</p> <p>[Ed. Note.—Por eases in point, see vol. 34, Cent. Dig. Master and Servant, § 1226.]</p> <p>2. Same—Action por Damages—Questions por Jury.</p> <p>Defendant was a contractor engaged in the construction of a courthouse, the work being in charge of a superintendent. On several occasions plaintiff, as well as other citizens, had visited the building by invitation. of the superintendent, and in his .company, and sometimes also in company of a subordinate, who, as the evidence tended to show, had charge of the work in his absence,/had gone over the building, using at times an elevator or hoist, used to carry both men and materials to the several floors and into the tower. On one occasion, the superintendent being absent, plaintiff, by invitation of the assistant, went with him into the tower, and was injured by the falling of the elevator, which the latter called to take them down. The accident was caused by the gross negligence of the man in' charge of the hoisting engine in failing to put on the clutch which held the elevator in position, the result being that it dropped at once when the two .men stepped upon it. He was known to be careless, and had once been discharged for that reason. Held, that whether the assistant was in fact such and acting as vice ■ principal within the scope