Munsey v. Webb

Citations

• 231 U.S. 150
• 34 S. Ct. 44
• 58 L. Ed. 162
• 1913 U.S. LEXIS 2582

Syllabus

<p>Where the possibility of their occurrence is clear to the ordinarily prudent eye, one operating an elevator must guard against accidents even though they may occur in an unexpected manner. Washington & Georgetown B. B. Co. v. Hickey, 166 U. S. 521.</p> <p>Where the jury'may properly find that negligence to guard against a ■ possible, although unusual, accident in an elevator was the proximate cause of the injury, the appellate court will not reverse because the negligence was merely a passive omission.</p> <p>Where there is a special source of danger in operating an elevator this court will not say, against the finding of a jury, that such danger need not'be constantly guarded against.</p>