Anderson v. Reeder

• Court: Washington Supreme Court
• Writing for the Court: SCHWELLENBACH; GRADY
• Citation: Anderson v. Reeder, 253 P.2d 423, 42 Wn.2d 45 (Wash. 1953)
• Decision Date: 13 February 1953
• Docket Number: No. 32196
• Parties: ANDERSON et al. v. REEDER et al.

Page 45

42 Wn.2d 45

253 P.2d 423

ANDERSON et al. v. REEDER et al.

No. 32196.

Supreme Court of Washington, Department 1.

Feb. 13, 1953.

Evans, McLaren, Lane, Powell & Beeks, Seattle, for appellants.

N. A. Pearson and Kenneth M. Elliott, Seattle, for respondents.

SCHWELLENBACH, Justice.

This is an appeal from a judgment dismissing an action after the trial court had sustained a challenge to the sufficiency of the evidence at the close of the plaintiffs' case.

A challenge to the sufficiency of the evidence admits the truth of the plaintiff's evidence and all inferences reasonably to be drawn therefrom, and requires the evidence to be interpreted most strongly against the defendant, or in the light most favorable to the plaintiff. Deffland v. Spokane Portland Cement Company, 26 Wash.2d 891, 176 P.2d 311.

Keeping the above rule in mind, we shall attempt to relate the facts which might have been considered by the jury if the case had been submitted to it. February 1, 1950, Minnie A. Reeder was the owner of a two and one-half story frame house in Seattle, which had been converted into an apartment house. Carroll, Hedlund & Associates, Inc., was the authorized rental and property agent and had power to rent, repair and keep the apartment house in a safe condition for tenants. In the basement was a laundry room for the convenience of tenants. The Andersons, with their son Lars, aged three years, three months, lived in a second floor apartment, access to which was gained by an outside stairway. Two other tenants had small children. The children quite often played in the back yard.

Entrance to the laundry room was had by going down five concrete steps at the rear of the house. The door to the basement was warped because water accumulated at the foot of the stairs during the winter. The door was rather difficult to open and close. There was a hasp on the outside with a wooden peg, but the peg had disappeared some time before the accident. On the inside of the door was a sign stating: 'Please Keep This Door Closed'. However, it was usually slightly ajar. Mrs. Anderson testified that her only reason for ever closing the door was to help the clothes to dry, although she knew that Lars had on occasions played in the basement. There was also a sign in the basement requesting that children not be allowed to play under the clothes on the line. In the laundry were two wash tubs. To the left of the tubs was an electric outlet, about fifty-two inches above the floor. At that time there were two wringer type washing machines in the laundry. One, a Thor, belonged to a tenant, and the other belonged to the caretaker. When the people were through using the washing machines, they would wrap the electric cord around the wringer and wheel the machine to the wall so it would be out of the way. When the Thor machine was plugged in the motor would hum, but it was necessary to pull a lever to start the washing machine and another lever to start the wringer. The day before the accident Mrs. Anderson had washed by hand at one of the tubs. Lars was with her.

About noon February 1, 1950, Lars went out to play. He played in front with his sled and then went to the back. About an hour later his mother put on her coat and went out to look for him. She called and could hear him answer. She went into the basement and found him with his left arm in the wringer of the Thor machine. She took the rollers out and released his hand and arm. The wringer was not operating at the time. The cord was on the floor. Lars told her he had pulled the plug with his right hand.

Directly under the outlet was a kiddie car that belonged to one of the other children. Lars could not have plugged in the cord without standing on something. No explanation is given as to how the kiddie car happened to be directly underneath the outlet. The only reasonable inference is that it was moved there to stand on. It could not ordinarily be kept in that particular spot because it would be in the way of any one using the tubs. The mother testified that Lars told her he was going to wring out a cloth for her. However, in a prior deposition she stated he had told her he was putting a stick through the wringer and his glove caught.

Mrs. Fiola, a tenant who lived directly above the laundry room, testified that she saw Lars coming down the steps about noon; that about a half hour later she heard a washing machine being rolled across the basement floor; that later she heard a child screaming; and that the screaming continued for about twenty minutes. Later she saw Lars' mother carrying him upstairs.

Mrs. Anderson testified that Lars was not crying when she went down there; that he talked normally to her, but that he seemed dazed and in a state of shock when she got him upstairs.

Considering this evidence most favorably to the plaintiffs, the jury could have found that Lars got into the basement;...