Franklin v. W. K. Henderson Iron Works & Supply Co.

75 So. 661, 141 La. 725, 1917 La. LEXIS 1552
CourtSupreme Court of Louisiana
DecidedJanuary 15, 1917
DocketNo. 21050
StatusPublished
Cited by2 cases

This text of 75 So. 661 (Franklin v. W. K. Henderson Iron Works & Supply Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Franklin v. W. K. Henderson Iron Works & Supply Co., 75 So. 661, 141 La. 725, 1917 La. LEXIS 1552 (La. 1917).

Opinions

LAND, J.

Plaintiff sued the defendant for $5,052 damages for the loss of his big toe and the one next to it, sustained while the plaintiff was operating one of the defendant’s freight elevators.

The petition alleged that the plaintiff had made several successful trips on the elevator, “when rolling his wheelbarrow of iron onto the elevator, and pulling on the rope as he did before, the elevator flew up suddenly from some unexplainable cause, and his hand was caught between the knob on said rope and an iron bar; that when he jerked [727]*727Ms hand, out the elevator suddenly dropped from some unexplainable cause, catching Ms right foot between the edge of the car and the broken edge of the concrete floor; that his foot was badly mashed, necessitating the amputation of two toes, the big toe and the one next to it.”

The petition alleged that the defendant was negligent in not instructing the plaintiff how to operate said elevator, and in not warning him as to any danger to him in the operation of said elevator.

The petition further alleged that said elevator was old, out of date, defective, and unsafe, and that the defendant knew or should have known of its defective condition.

The petition further alleged that the defendant knew nothing about elevators or machinery, had spent nearly all his life on a farm, and as house boy, and could neither read nor write.

Defendant filed a plea of estoppel, and an exception of no cause of action, which were heard and overruled.

Defendant then answered specially, denying all the allegations of negligence set forth in the petition, and averred that the plaintiff well understood how to operate the elevator, which was very^ simple and easy to operate.

The answer denied that the accident happened in the manner alleged in the petition; admitting, however, that plaintiff’s right foot was caught, but denying that -it was caught by reason of any sudden dropping of the elevator.

The answer contained the usual pleas of contributory negligence and assumption of risks.

The case was tried, and, for reasons assigned in the elaborate opinion of the judge a quo, judgment was rendered in favor of the plaintiff for $2,302, with interest and costs.

The defendant has appealed.

We think that defendant’s exception of no cause of action was properly overruled.

If, as alleged, plaintiff, "a common laborer, who knew nothing about elevators or machinery, was called upon by his employer to run a freight elevator, without previous instructions as to proper mode of operating the machine, and without warnings as to the dangers incident to his employment, and plaintiff, while endeavoring to operate the elevator to the best of his ability, was injured as alleged in his petition, we are of opinion that a cause of action is disclosed.

In such a case the master is negligent in not properly instructing and warning his ignorant servant, and if the latter be injured while endeavoring to' perform the work assigned to him, the prima facie presumption is that the injury was occasioned by the negligence of the master.

There is a great deal of conflicting evidence in the case.

On the question of instructions and warnings, plaintiff’s denial is overcome by the testimony of John Williams, Jake Williams, and A. Brown, the latter one of the iflaintiff’s witnesses.

Williams made several trips with iflaintifC on the elevator, instructing him how to operate the same.

After the plaintiff took sole charge, the petition alleges that “he made several successful trips” before the accident happened, and on his last trip was “pulling on the rope as he had done before,” when “the elevator flew up suddenly from some unexplainable cause,” and a few moments later “suddenly dropped from some unexplainable cause.”

The petition alleges that, when the elevator “flew up,” plaintiff’s “hand was caught between the knob on said rope and the iron bar,” and that the elevator “suddenly dropped, * * * mashing his right foot between the edge of the car and broken edge of the concrete floor.”

[729]*729The hydraulic elevator in' question was operated by two simple movements. By pulling down the lower knob, the water power was applied, and the platform ascended until the crossbar reached the second knob.

By pulling up the cable, the water pressure was released, and the platform descended until the crossbar reached the first knob.

As the crossbar attached at one end to the cable operated between the two knobs, it follows that plaintiff’s hand could not have been caught, as alleged, “between the knob on said rope and the iron bar” until the ascending elevator had reached the second floor.

Plaintiff in his testimony explained the accident as follows:

“Well, I rolled on the elevator and turned, had a knob to pull down on, and the elevator gave a quick jerk up ; it grabbed my hand, and when I got my hand out my foot was caught, and I commenced hollering.
“Q. You saw what was it caught your hand?
“A. Caught my hand between the knob and the iron bar.
“Q. You got your hand out?
“A. Yes, sir; and in getting my hand out my foot was caught.
“Q. What did you do?”

Witness replied that he did nothing but holler, and after a lengthy examination by his counsel on incidental matters proceeded to testify as follows:

“Q. Now, where was your foot caught?
“A. The elevator caught it.
“Q. Where?
“A. I could not say, it was done so quick; it came down on me, and caught my foot between the elevator and the edge of the floor.
“Q. Your foot was caught between the elevator and the edge of the floor ?
“A. Yes, sir.
“Q. Now, I will ask you to state again how it took place.
“A. Well, I was rolling the iron about 200 feet. I rolled it on the elevator, then I turned round and pulled up, and the elevator jumped and grabbed my hand, and when I got that out my foot was caught.
“Q. In trying to get your hand out your foot was caught?
“A. Yes, sir.
“Q. Now, that elevator, when it jumped up, how high did it jump?
“A. I couldn’t tell you.
“Q. You felt it make a jump, and you tried to stop it?
“A. Yes, sir.
“Q. And your hand got caught; when you got that out, your foot was caught?
“A. Yes, sir.”

The lengthy cross-examination of the plaintiff disclosed that he understood how to operate the elevator, but failed to extract from him any additional explanation as to how the 'accident happened.

We give below a few specimens of plaintiff’s answers:

“Q. Tell the court whether or not the elevator dropped before you got your hand out.
“A.

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75 So. 661, 141 La. 725, 1917 La. LEXIS 1552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-v-w-k-henderson-iron-works-supply-co-la-1917.