Lyttle v. Denny

Citations

• 222 Pa. 395
• 71 A. 841
• 1909 Pa. LEXIS 887

Syllabus

<p>Negligence — Innkeepers—Degree of care — Burden of proof — Folding bed.</p> <p>The duty imposed by law upon an innkeeper requires him to furnish safe premises to his guests and to provide necessary articles of furniture which may be used by them in the ordinary and reasonable way without danger.</p> <p>Where the heavy top of a folding bed in a hotel falls forward and down upon a guest while he is quietly lying upon the bed, and injures him severely, the burden of proof is not upon the guest to show in detail what was wrong with the bed and the reason for its falling, but upon the innkeeper to show that the accident happened from no want of care on his part.</p> <p>Where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.</p> <p>Practice, C. P. — Trial—Depositions—Evidence—Rules of court.</p> <p>Where a rule of court provides for the taking of depositions of ancient, infirm and going witnesses, it must be shown that the witnesses whose depositions are offered are within the classification of the rule, or that their presence in court cannot be obtained.</p>