Ullman v. J. P. Stoltzfus Co.

Citations

• 69 Pa. Super. 545
• 1918 Pa. Super. LEXIS 130

Syllabus

<p>Negligence — Elevators—Fall of elevator — Evidence — Gxmtributory negligence — Case for jury.</p> <p>In an action against a corporation to recover damages for personal injuries, the case is for the jury, both as to the plaintiff’s contributory negligence and defendant’s negligence, where the evidence tends to show that the plaintiff drove a truck to the defendant’s establishment to be repaired; that the truck was raised on an elevator to the second floor, and that the plaintiff went up a stairway, leading to that floor, so as to supervise the repair work to be done; that upon the completion of the repairs he assisted in rolling the car back from the elevator, but discovering that the brake of the truck had not been set he got into the car for the purpose of remedying this oversight; that before he had any opportunity to leave the elevator and descend by the stairway, the elevator, owing to some defect, suddenly dropped to the ground floor and injured him; that a short time before the date of the injury at two different times the elevator had dropped, owing to some unexplained defect; and that on the second of the.se occasions a warning had been given to a member of the defendant company to the effect that unless something should be done to the elevator, trouble would ensue sooner or later.</p>