Houston Nat. Bank v. Adair
| Decision Date | 07 January 1948 |
| Docket Number | No. A-1391.,A-1391. |
| Citation | 207 S.W.2d 374 |
| Parties | HOUSTON NAT. BANK v. ADAIR. |
| Court | Texas Supreme Court |
Fulbright, Crooker, Freeman & Bates, M. S. McCorquodale, and Sam W. Cruse, all of Houston, for petitioner.
Fred Parks, of Houston, for respondent.
This suit was brought by Joe Adair against Houston National Bank for damages resulting from personal injuries suffered by his wife when she slipped and fell on a stairway in the bank. The grounds of negligence relied upon by the plaintiff were in substance: (1) the failure of the bank to equip the stairs with handrails which could be grasped by persons using the stairs; (2) the failure of the bank to illuminate the stairway properly; (3) the failure of the bank to corrugate or cover the stairs to insure good footing; and (4) the construction and maintenance of the stairs by the bank in a slick condition. At the conclusion of the plaintiff's evidence the district court granted the defendant's motion for an instructed verdict and judgment was entered accordingly. The Court of Civil Appeals reversed and remanded the case for a new trial upon the ground that the plaintiff's evidence was sufficient to require the submission of issues of fact to the jury. 203 S.W.2d 782. The principal question before us is whether the Court of Civil Appeals erred in this holding.
The evidence shows that at the time she was injured Mrs. Adair, who was then engaged in the real estate business, was in the bank at the request of one of its officers for the purpose of discussing a business transaction. She was a regular customer of the bank, having had an account there for a number of years. Upon her arrival at the bank at about 9 o'clock in the morning, she observed that the officer who had called her was not at his desk, and she then decided to go to the statement window in the basement to pick up her statements. The stairway leading to the basement was located in the central portion of the main floor or lobby of the bank. Mrs. Adair was the only witness who described the accident resulting in her injury, and her testimony is as follows: .
Mrs. Adair further testified with reference to the stairs, "I didn't notice them being slick until I was falling and then I realized the danger I was in". Although she did not so testify directly, it seems evident that Mrs. Adair intended to imply that the stairs were slick; but what caused the slickness is not shown. There is no evidence of any substance having been placed or dropped on the stairs or of any cleaning fluid or compound having been used on them. The stairs were made of white, smooth marble. They have not been altered, rebuilt or repaired since the bank building was completed in 1928. There is no testimony that the stairs were narrow or steep or that they were uneven, slanting or sloping, and the photographs introduced by the plaintiff do not disclose any such condition. The stairs were not covered; there were no corrugations, mats, rugs, abrasive treads or carpets on them.
On each side of the stairway, which was seven feet, seven and a half inches wide, was an ornamental marble balustrade. The top surface of this balustrade was so wide that it could not be grasped or gripped by a person's hand, although the photographs and the architect's drawing introduced by the plaintiff show that the outer side of the top of the balustrade had a projection which could have been grasped. There was no handrail except the balustrade on each side of the stairway.
The evidence shows that the day was cloudy and because of the early hour it may be inferred that the daylight was not sufficient to illuminate the interior of the bank properly. However, the stairway was located in the central portion of the building and there is no evidence that the stairs depended upon daylight for illumination. Neither Mrs. Adair nor any other witness testified that the stairway was dark, nor did Mrs. Adair testify that she had any difficulty in seeing the stairs. She did testify that the only light that she saw near the stairway was over a desk situated to the right of the stairs. However, the pictures in evidence show that the upper portion of the stairway would be illuminated by lights in the ceiling of the lobby and...
To continue reading
Request your trial
-
Gulf Oil Corporation v. Wright
...be expected to be fully aware of its use or dangers * * *", Walgreen-Texas Co. v. Shivers, 137 Tex. 493, 154 S.W.2d 625, 629; Houston National Bank v. Adair, supra. It is, or may be, akin to dangers which are (or ought to be) open and obvious and as to which no duty is owed, McKee v. Patter......
-
Parker v. Highland Park, Inc.
..."no duty" referred to in the cases. Academically, it may be a rather clumsy concept, but it is still the law. Houston National Bank v. Adair, 146 Tex. 387, 207 S.W.2d 374 (1948). (Emphasis added.) Halepeska, supra, 371 S.W.2d at The court of civil appeals in this case has followed the rule ......
-
Abalos v. Oil Development Co. of Texas
...'no duty' referred to in the cases. Academically, it may be a rather clumsy concept, but it is still the law. Houston National Bank v. Adair, 146 Tex. 387, 207 S.W.2d 374 (1948). (Emphasis The duplicating and overlapping concepts were against examined in Adam Dante Corporation v. Sharpe, 48......
-
Schiller v. Rice
...have recognized that a recovery by a plaintiff may be barred by such doctrines as 'voluntary exposure to risk', Houston Nat. Bank v. Adair, 146 Tex. 387, 207 S.W.2d 374, or that known as volenti non fit injuria, Levlon v. Dallas Ry. & Terminal Co., Tex.Civ.App., 117 S.W.2d 876 (writ ref.), ......