Meister v. Alber

Citations

• 85 Md. 72
• 36 A. 360
• 1897 Md. LEXIS 23

Syllabus

<p>Contributory Negligence — Master and Servant — Fall Down Elevator Shaft by an Employee.</p> <p>In defendant’s building some of the rooms were separated by an elevator shaft and the only means of passing from one to the other was by crossing upon the floor of the elevator which was constantly being moved irom one story to another of the building. Plaintiff, w'ho had been employed in the establishment for several months and was acquainted with the working of the elevator, &c., was directed by the defendant, his employer, to go for a certain purpose into one of the rooms, across the elevator which was then in place there. While he was in that room, defendant took the elevator to an upper story. Plaintiff coming out of the room to go into the opposite one, assumed that the elevator was still in the position where he had left it and, without stopping to look, although there was light enough to see, started across and fell several feet to the cellar below. Held, that he was guilty of such contributory negligence as to preclude him from recovering in an action for negligence.</p>