Harris v. Cowles

• Decision Date: 15 April 1905
• Citation: 38 Wash. 331,80 P. 537
• Parties: HARRIS v. COWLES.
• Court: Washington Supreme Court

80 P. 537

38 Wash. 331

HARRIS v. COWLES.

Supreme Court of Washington

April 15, 1905

Appeal from Superior Court, Spokane County; Geo. W. Belt, Judge.

Action by Maud I. Harris, a minor, by Mattie S. Harris, her guardian ad litem, against W. H. Cowles. From a judgment in favor of defendant, plaintiff appeals. Affirmed.

Robertson Miller & Rosenhaupt, for appellant.

H. M. Stephens, for respondent.

HADLEY, J.

This is an action to recover damages for injuries received by a child from a revolving door. The second amended complaint alleges that the defendant is the owner of the structure known as the 'Review Building,' in the city of Spokane, and that on the 11th day of October, 1903, there was maintained as a part of said structure a device known as a 'circular entrance,' which was composed of a circular shell about five feet in diameter and seven feet high, with an opening on each side thereof for persons to enter the building; that on the inside of said circular shell was a revolving door, which divided the interior space into four apartments, each apartment being separated from others by wings constructed of heavy wooden material which wings were securely fastened together, and revolved upon pivots, one in the floor below and one at the top; that the circular entrance was so arranged that persons desiring to enter the building passed through the first opening of the shell into one of the apartments, and pressed against the wing in front, which would revolve to the opposite opening or exit from the shell; that each apartment was large enough to accommodate one person in entering or leaving the building that the wings were so constructed that the outer edges thereof came close up to the shell, and left only sufficient space to avoid friction; that the defendant negligently constructed and maintained said entrance in this: that the apartments were too small, and the wings in revolving came close up to the sharp edges of the jambs of the openings that in revolving there was nothing to prevent the limbs or body of a person from being caught between the jambs and partition immediately behind the person thus imperiled; that by virtue of the manner in which the device was constructed and operated, revolving as it did upon pivots, it was particularly enticing to children of tender years and of the age of the plaintiff; that the Review Hotel is conducted in the building, and a great many rooms therein are rented to families; that children are frequently in the hallways for purposes of play at all hours of the day and evening; that the defendant knew that children resorted to said entrance for the purposes of play; that the place was peculiarly dangerous as a resort for children of tender years, and that it was left unguarded and unprotected. It is further alleged that while passing through the entrance the plaintiff's right wrist was caught between the outer edge of one of the wings and the jamb, causing her to be severely injured. The defendant demurred to the complaint upon the ground that it does not state sufficient facts to constitute a cause of action. The demurrer was sustained. Application was then made by plaintiff for leave to file a third amended complaint, which was denied, and thereupon, on motion of the defendant, judgment was entered dismissing the action. The plaintiff has appealed.

It is assigned that the court erred in sustaining the demurrer to the complaint. The complaint states that the appellant is a child of tender years, but her age is not stated. There is no allegation which shows that the respondent...