Kaber v. Borland

<p>Abstract of the Decision.</p> <p>1. Elevators, § 21*—when boy opening door to elevator shaft guilty of contributory negligence. In an action for the death of a fourteen-year-old boy, resulting from his being struck on the head by a descending freight elevator, after he had opened, from the outside, a door to the elevator shaft and looked in, with the object of ascertaining the position of the elevator, where the undisputed evidence showed that the elevator was in charge of an operator, that the door was not intended to be opened from the outside and that a push button was placed outside the door for the purpose of signaling the operator, held that the deceased wag not in the exercise of ordinary care for his own safety and that no recovery could he had, there being no claim of wanton and wilful negligence on the part of the defendant, the owner of the building.</p> <p>2. Elevators, § 13*—what is effect of violation of ordinance by owner of building. In an action for death of a prospective passenger on an elevator, who, having opened the door of the shaft and looked in so as to ascertain the position of the elevator, was thereupon struck on the head by it and killed, held that the deceased’s lack of care for his own safety would bar a recovery, though the defendant had violated an ordinance in not keeping the door in repair, so that it could not be opened from the outside, wilful and wanton negligence on the part of the defendant not being alleged.</p>