Ford v. Jeffries

379 A.2d 111, 474 Pa. 588, 1977 Pa. LEXIS 839
CourtSupreme Court of Pennsylvania
DecidedOctober 28, 1977
Docket45
StatusPublished
Cited by174 cases

This text of 379 A.2d 111 (Ford v. Jeffries) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ford v. Jeffries, 379 A.2d 111, 474 Pa. 588, 1977 Pa. LEXIS 839 (Pa. 1977).

Opinions

OPINION OF THE COURT

MANDERINO, Justice.

This is an appeal from an order of the Superior Court affirming the trial court’s denial of a motion to remove a compulsory non-suit in a negligence case brought by appellant, Mamie M. Ford, against appellee, James Jeffries, Sr. Ford v. Jeffries, 229 Pa.Super. 716, 322 A.2d 671 (1974). We granted appellant’s petition for allowance of appeal and this appeal followed. Appellant contends that the trial court improperly granted appellee’s motion for a compulsory non-suit after appellant had rested her case. We agree, and therefore vacate the order of the Superior Court affirming the Court of Common Pleas and, reverse the order of the Court of Common Pleas denying the motion to remove the compulsory non-suit.

An order granting a non-suit is proper only if the jury, viewing the evidence and all reasonable inferences arising from it, in the light most favorable to the plaintiff, could not reasonably conclude that the elements of the cause [592]*592of action have been established. Watkins v. Sharon Aerie No. 327 F.O.E., 423 Pa. 396, 223 A.2d 742 (1966). We must therefore review the evidence to determine whether the appellant was entitled to have the jury consider whether appellee engaged in negligent conduct toward the appellant and, if so, whether appellee’s conduct was the proximate cause of the harm suffered by the appellant.

Appellant’s evidence, and the reasonable inferences arising therefrom, indicate the following. Appellee owned a dwelling house which he purchased as an investment for rental to tenants. This house was located about five or six feet from the appellant’s home, on the adjoining lot. The last tenant to occupy appellee’s rental property vacated the premises in the fall of 1968. The property was in a state of disrepair: windows were broken; beneath one window was a large hole; another hole, located in the foundation wall, had been stuffed with rags; several other holes existed in the outside walls; lattice work between a frame porch and the ground had been torn down; the property harbored large rats; dogs wandered in and out of the basement; and unpleasant odors emanated from the property.

Appellant complained to appellee about the condition of the property, but nothing was done. Appellant then reported the condition of the property to the City of Pittsburgh, and a representative of the city visited the property. Appellee learned about the appellant’s complaint to the City of Pittsburgh and complained to her that she should not have reported him. Appellee promised that he would “fix up everything.” Some minimal repairs were made, but appellee’s house continued in a state of disrepair. The holes in the outside walls and foundation of the house remained.

On July 30, 1969, at 2:27 a.m., after the house had been vacant and in a state of disrepair for some months, a fire started in appellee’s house, damaging parts of the first and second floors. Appellee made no repairs to the house after this fire, except that crossboards, forming an “X”, were placed over broken windows. On September 25,1969, appellant renewed her complaint to appellee about the condition [593]*593of the property, telling appellee that she wished something would be done about the property because it was a continuing fire hazard. Appellee indicated he did not know what would be done.

On September 26, 1969, at approximately 2:00 a.m., a second fire broke out in appellee’s house. This fire started on the second floor. Flames coming out of the windows of the appellee’s house ignited the eaves of the appellant’s home, resulting in almost total destruction of the appellant’s home.

Our review of the evidence leaves no doubt that the jury could reasonably have concluded that the appellee engaged in negligent conduct toward the appellant.

“ ‘A possessor of land is subject to liability to others outside of the land for physical harm caused by the disrepair of a structure ... if the exercise of reasonable care . would have made it reasonably safe by repair or otherwise.’ ” Section 365 of the Restatement of Torts, Second. See McCarthy v. Ference, 358 Pa. 485, 58 A.2d 49 (1948).

Except for placing crossboards on the broken windows after the first fire, from the fall of 1968 until the time of the second fire in September of 1969, appellee took no steps to prevent persons from entering the property.

A property owner can reasonably be expected to know that the visible conditions of vacant property in a state of disrepair may attract, for various purposes, children or adults, who, having entered the property, might act, either negligently or intentionally, in a manner that would cause a fire. See, Fireman’s Fund Insurance Co. v. Aalco Wrecking Co. Inc., 466 F.2d 179 (8th Cir. 1972). Such properties “invite” strangers for various purposes and are more likely to be targets for arsonists than are properties maintained in good repair. Appellee’s conduct in allowing the property to deteriorate, particularly after the first fire, increased the risk that a fire would occur on the premises. We are unwilling to say, as a matter of law, that the [594]*594maintenance of a vacant dwelling house in a state of disrepair visible to passersby does not create an unreasonable fire hazard. That hazard in this case was located only five or six feet from appellant’s house. A jury question was thus presented as to whether the appellee negligently maintained his property prior to the second fire. The jury should have been permitted to consider the condition of the property, and whether its state of disrepair created an unreasonable risk of harm by fire to appellant’s property.

This conclusion is buttressed by the statutory recognition that structures in a “state of disrepair,” or in a “dilapidated condition,” may constitute a “fire menace” or “hazard” to nearby property, requiring the removal or repair of the structure. See Act of April 27, 1927, P.L. 450, No. 291, § 3, as amended, by the Act of February 17, 1972, P.L. 72, No. 24, §2.

Appellee contends that, as a matter of law, the evidence is insufficient to establish that he was the proximate cause of the harm sustained by the appellant. The terminology of legal cause used in the Restatement of Torts, Second, rather than the more traditional terminology of proximate cause, has been adopted by this Court. Whitner v. Von Hintz, 437 Pa. 448, 263 A.2d 889 (1970); Dollison v. Baltimore and Ohio Railroad Company, 446 Pa. 96, 284 A.2d 704 (1971); Majors v. Brodhead Hotel, 416 Pa. 265, 271, 205 A.2d 873 (1965). Whether the issue is discussed in terms of proximate cause or legal cause the underlying considerations and the result are the same. Under the older and more traditional approach the issue was whether the defendant’s conduct was a proximate cause or a remote cause.

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Cite This Page — Counsel Stack

Bluebook (online)
379 A.2d 111, 474 Pa. 588, 1977 Pa. LEXIS 839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-jeffries-pa-1977.