Johnson v. Wilcox
This text of 19 A. 939 (Johnson v. Wilcox) 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.
Opinion
The injury of which the plaintiff complains was so clearly the result of his own negligence that it was not error in the court below to direct a verdict for the defendant. The entrance to the dance-room, in Wilcox Hall, was by a lighted hall and stairway which was well known to the plaintiff. There was, therefore, a safe way to go and come, and had he followed it, he would have suffered no harm. He saw proper to leave this way and step through a door into the dark, upon a platform, under the belief that the platform was protected by a railing. In this he was unfortunately mistaken, and he fell and was injured. The owner of the platform owed him no duty of protecting it. He was going where, strictly speaking, he had no right to go, and must be taken to have assumed the risk.
Judgment affirmed.
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Cite This Page — Counsel Stack
19 A. 939, 135 Pa. 217, 1890 Pa. LEXIS 1175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-wilcox-pa-1890.