Fox v. Philadelphia

Citations

• 208 Pa. 127
• 57 A. 356
• 1904 Pa. LEXIS 714

Syllabus

<p>Municipalities — Philadelphia—Public building commission — Act of August 5, 1870, P. L. 1871, 1548 — Negligence—Elevators.</p> <p>The city of Phiadelphia is liable for a death caused by the negligence of an operator of an elevator employed by the public building commission created by the Act of August 5, 1870, P. L. 1871, 1548, if it appears that at the time of the accident a portion of the building had been delivered to the city, that the elevator in question was being used in carrying the pub-lie to the courts and the operator was being paid by the city.</p> <p>Negligence — Municipalities—Elevators—Presumption as to negligence.</p> <p>The rule applicable to common carriers of passengers that the mere happening of an injurious accident to a passenger raises prima facie a presumption of negligence on the part of the carrier, is also applicable to a municipality which operates elevators in a public building.</p> <p>A person or municipality owning and operating elevators in a building must give to the persons using the elevators the utmost protection which human knowledge, human skill and human foresight and care can provide. In case of injury without fault or negligence by the person injured, the presumption is that such protection had not been afforded, and that there had been negligence on the part of those operating the elevator.</p>