Winkelmann & Brown Drug Co. v. Colladay

Citations

• 88 Md. 78
• 40 A. 1078
• 1898 Md. LEXIS 183

Syllabus

<p>Negligence — Fall of Dumb- Waiter — Res ipsa loquitur— Contributory Negligence.</p> <p>Plaintiff was defendant’s employee in a building where the shaft enclosing dumb-waiters was used as a means of communicating orders between the different floors of the building. Plaintiff, while using the shaft for such purpose of communication in the course of his duty, was struck on the head by the fall of the dumb-waiter from the fifth floor while it was empty and not in use. • The fall was occasioned by the breaking of the rope holding the dumb-waiter, but there was no evidence to show how or why the rope broke, Held:</p> <p>1st. That the jury were authorized to infer from the fall of the dumb-waiter, unexplained, that the injury was caused by the negligence of the defendant in not providing safe appliances.</p> <p>2d. That the putting of his head into the shaft by the plaintiff while the dumb-waiter was not in motion, was not contributory negligence per se unless the plaintiff knew or should have known that in consequence of a defect in the rope the waiter was liable to fall even when not in use.</p>