Johnson v. Wilcox
| Decision Date | 19 May 1890 |
| Citation | 135 Pa. 217 |
| Parties | R. JOHNSON v. C. L. WILCOX. |
| Court | Pennsylvania Supreme Court |
Before PAXSON, C. J., GREEN, CLARK, WILLIAMS and MITCHELL, JJ.
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF TIOGA COUNTY.
No. 364 January Term 1890, Sup. Ct.; court below, No. 107 August Term 1888, C. P.
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Mr. J. B. Niles (with him Mr. A. R. Niles and Mr. S. F. Channell), for the appellant.
Upon the first assignment, counsel cited: Penna. R. Co. v. Henderson, 51 Pa. 315; West Chester etc. R. Co. v. McElwee, 67 Pa. 311; McKee v. Bidwell, 74 Pa. 218; Hays v. Millar, 77 Pa. 238; Wharton on Neg., § 156. Upon the remaining assignments: Brown v. Lynn, 31 Pa. 510; Gray v. Scott, 66 Pa. 345; Hydraulic Works Co. v. Orr, 83 Pa. 333; Wharton on Neg., §§ 346-9, 851, 824 a; Gramlich v. Wurst, 86 Pa. 74; Beck v. Carter, 68 N. Y. 283 (23 Am. Rep. 175); Tobin v. Railroad Co., 59 Me. 183 (8 Am. Rep. 415); Taylor v. Canal Co., 113 Pa. 162; Crissey v. Railway Co., 75 Pa. 83; Fritsch v. Allegheny City, 91 Pa. 226; Neslie v. Pass. Ry. Co., 113 Pa. 300; Penna. R. Co. v. Hope, 80 Pa. 373; Lehigh V. R. Co. v. McKeen, 90 Pa. 122; McGrew v. Stone, 53 Pa. 436; Reeves v. Railroad Co., 30 Pa. 454; Humphreys v. Armstrong Co., 56 Pa. 204; Baughman v. Railroad Co., 92 Pa. 335; Camp v. Wood, 76 N. Y. 92 (32 Am. Rep. 282).
Mr. M. F. Elliott and Mr. F. E. Watrous, for the appellee, were not heard.
In the brief filed, counsel cited: Levery v. Nickerson, 120 Mass. 306; Pierce v Whitcomb, 48 Vt. 127 (21 Am. Rep. 120); Parker v. Publishing Co., 69 Me. 173 (31 Am. Rep. 262) Del. etc. R. Co. v. Cadow, 120 Pa. 559.
The injury of which the plaintiff complains was so clearly the result of his own negligence that it was not error in the court below to direct a verdict for the defendant. The entrance to the dance-room, in Wilcox Hall, was by a lighted hall and stairway which was well known to the plaintiff. There was, therefore, a safe way to go and come, and had he followed it, he would have suffered no harm. He saw proper to leave this way and step through a door into the dark, upon a platform, under the belief that the platform was protected by a railing. In this he was unfortunately mistaken, and he fell and was injured. The owner of the platform owed him no duty of protecting it. He was going where, strictly speaking, he had no right to go, and must be taken to have assumed the risk.
Judgment affirmed.
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