Taylor v. Du Pont Building Corp.

Citations

• 29 Del. 277
• 6 Boyce 277
• 99 A. 284
• 1916 Del. LEXIS 37

Syllabus

<p>1. Trial—Direction of Verdict—When Proper.</p> <p>When the evidence in a case is admitted to be true or not controverted and the law as applied to the evidence is productive of but one legal result, as a general rule it becomes the duty of the court to direct a verdict accordingly.</p> <p>2. Negligence—Contributory Negligence—Duty to Use Due Care.</p> <p>Where deceased had unloaded a number of boxes onto an elevator in defendant’s building and taken them to an upper floor and returned preparatory to unloading more boxes in the elevator entrance which was lighted, it was his duty to see whether the elevator doors were open.</p> <p>3. Negligence—Contributory Negligence—Duty to Use Due Care— Sudden Emergency.</p> <p>In such case, the falling of the boxes did not present a sudden emergency, calculated to produce fright or affect his judgment, so as to excuse his failure to observe that the elevator doors were open.</p> <p>4. Negligence—Contributory Negligence—Duty to Use Due Care— Evidence.</p> <p>Evidence held to show that deceased, who fell into an elevator shaft in avoiding falling boxes, was guilty of contributory negligence so as to bar recovery.</p>