Carpenter v. Syrett

• Decision Date: 27 July 1940
• Docket Number: 6202
• Citation: 99 Utah 208,104 P.2d 617
• Court: Utah Supreme Court
• Parties: CARPENTER v. SYRETT

104 P.2d 617

99 Utah 208

CARPENTER v. SYRETT

No. 6202

Supreme Court of Utah

July 27, 1940

Appeal from District Court, Sixth District, Garfield County; Henry D. Hayes, Judge.

Action by Annie M. Carpenter against Ruby Syrett for injuries allegedly sustained through negligence of defendant in maintaining an inadequate lighting system, which caused plaintiff to fall downstairs as she was leaving defendant's inn. From judgment granting defendant's motion for nonsuit and dismissing plaintiff's complaint and action, the plaintiff appeals.

Reversed and remanded.

Rex J Hanson and Jesse R. S. Budge, both of Salt Lake City, for appellant.

H. D Lowry and Clarence C. Neslen, both of Salt Lake City, for respondent.

LARSON Justice. MOFFAT, C. J., and WOLFE, McDONOUGH, and PRATT, JJ., concur.

OPINION

LARSON, Justice.

The plaintiff brought this action to recover damages for personal injury alleged to have been sustained by her through the negligence of the defendant in maintaining an inadequate lighting system, which caused her to fall down the stairs as she was leaving the defendant's inn. The case was tried to the court and a jury. At the conclusion of the evidence, on motion of defendant, the court granted defendant's motion for a non-suit and dismissed plaintiff's complaint and action. The question presented for review relates to that ruling.

The respondent owned and operated a two-story building known as Ruby's Inn, which is located about four miles west of Bryce Canyon, in Garfield County, State of Utah. From the 21st to the 25th of August, 1937, appellant was a registered guest at the Inn. The appellant's claim for damages against the respondent is based upon the theory that the respondent negligently caused or let the lights go out thereby causing the appellant to fall and sustain the injuries of which complaint is made. The Utah statute applicable to the present situation reads as follows:

Section 3-12-6, R. S. U. 1933:

"Every hotel shall be properly lighted, plumbed and ventilated with strict regard for the health, comfort and safety of the guests. Proper lighting shall be construed to mean both daylight and artificial illumination; * * *."

The power unit to generate electric current was composed of a Diesel engine, used in the daytime, and a six cylinder motor from a Dodge truck, which was used in the evening. The lighting system would often be turned off during the day and the employee in charge of it, as well as other witnesses, testified that the lights would frequently go out.

Appellant testified that she left her room on the second floor on the morning of the 25th of August between eight and eight-thirty; that she walked to the head of the stairs "and I put my hand on the post and went to take a step and the next thing I was rolling. The lights went out and everything was befuddled and everything went dark and I found myself rolling" (T. 54); "that Mr. Syrett said, 'that light would go out just as you wanted to come down the stairs'"; that she could not tell whether there was a light globe in the stairway at the time in question; that she did not observe whether the electric lights were on or off (60); that she was ill and had remained in her room the day before she left Ruby's Inn (63); that she left her room and started downstairs "and had my foot out to take the first step when all the lights went out and I was just feeling--" (65); that "the light was on when I put my hand on the post" (65); that as she crossed the hall there was ample light (66); that she saw the first step but "couldn't tell if I missed the step" (67); and that she could not see the step (78).

Art L Carpenter, son of the appellant, had worked for respondent as cook from May 8, 1937, until May 6, 1938, and he testified that the lights would go out "sometimes four or five times a day" (16); that "on one occasion the light globes were blown out because too much power came to them in the kitchen and the lights automatically went out or were shut off--" (16); that there was not any indication or regularity as to when the lights would go out; that the top of the stairway would be dark when there were no lights (17); that there were not any windows in the stairway leading from the first landing to the top of the stairs; that the doors to the rooms upstairs were kept closed (19); that he had used the stairs in the daytime when the electric lights were out because he was familiar with them but that he could not see the steps at any time when the lights were out (21); that when the lights went out from the cause of running out of fuel, "they would suddenly get brighter and nearly everybody who had been there some time would say 'Oh--there goes the light out.' If it was for any other reason, it would sometimes go out quite suddenly without any warning whatever" (23); that half the time the lights would become brighter and gradually die down until they were finally out, which would take a few seconds (24); that there was not a light in the stairway (24); and that the nearest light was at the top of the stairway in the hall; and that the lights were kept on continuously...