United States Supreme Court Cases & Opinions

U.S. Supreme Court

Munsey v. Webb, 231 U.S. 150 (1913)

Munsey v. Webb

No. 40

Argued November 4, 6, 1913

Decided November 17, 1913

231 U.S. 150

Syllabus

Where the possibility of their occurrence is clear to the ordinarily prudent eye, one operating an elevator must guard against accidents even though they may occur in an unexpected manner. Washington-Georgetown R. Co. v. Hickey, 166 U. S. 521.

Where the jury may properly find that negligence to guard against a possible, although unusual, accident in an elevator was the proximate cause of the injury, the appellate court will not reverse because the negligence was merely a passive omission.

Where there is a special source of danger in operating an elevator, this Court will not say, against the finding of a jury, that such danger need not be constantly guarded against.

37 App.D.C. 185 affirmed.

The facts, which involve questions of negligence in operating an elevator and questions of proximate cause of an injury sustained by a passenger therein, are stated in the opinion.

Page 231 U. S. 154