Rickey v. E. H. Jacobs Mfg. Co., 9130

• Decision Date: 15 November 1954
• Docket Number: No. 9130,9130
• Citation: Rickey v. E. H. Jacobs Mfg. Co., 110 A.2d 643, 19 Conn.Supp. 180 (Conn. Super. 1954)
• Court: Connecticut Superior Court
• Parties: Leodore A. RICKEY v. E. H. JACOBS MANUFACTURING COMPANY, Inc.

Page 643

110 A.2d 643

19 Conn.Supp. 180

Leodore A. RICKEY v. E. H. JACOBS MANUFACTURING COMPANY, Inc.

No. 9130.

Superior Court of Connecticut, Windham County.

Nov. 15, 1954.

Charles V. James, Norwich, for plaintiff.

Day, Berry & Howard, Hartford, and Searls Dearington, Danielson, for defendant.

TROLAND, Judge.

On the 19th of February, 1947, the plaintiff, as a driver for one Pellette, the agent for Railway Express, was engaged in the delivery of certain articles consigned to the defendant Jacobs Manufacturing Company at its premises in Danielson. Plaintiff was familiar with the premises, having made similar deliveries two or three times a week during the four or five months preceding. The procedure for plaintiff was to back his truck from the street to the platform of Jacobs Manufacturing Company so that the tail of the truck became flush with the platform and right in front of a big door. The door was an overhead door; it opened by using a handle on the inside to push the door up. The description of the door available to the jury was limited. At the bottom it was metal or wood for three or four feet. Above the solid section there were little panes of glass in sections. The plaintiff entered the premises himself by going up side steps and through a small door into the receiving room.

On the day in question, plaintiff, being on the inside of the premises, grasped the door by the handle, pushed it up and 'figured it was up.' He was of opinion he put it up as far as possible. The door started down again. The plaintiff heard it and saw it, put up his arm, put his hand on the solid part of the door, the door kept coming down, and his hand slid into the glass, breaking one of the panes in the bottom row of panes of glass. The broken glass badly cut his hand and wrist. There was no covering over the glass. There was no employee of the Jacobs Company in the vicinity when plaintiff raised the door. On some previous occasions the door had been raised for plaintiff by somebody there. On many occasions he had opened it himself. This door had never given plaintiff any trouble. On the day in question, after he had put the door up as far as possible, plaintiff testified, 'Then she came back down on springs. All these overhead doors if you don't hold them right there, they have a tendency of springing back on you.'

Plaintiff's complaint alleges that in making delivery on the day in question 'he was obliged to open an overhead door, which said door was not properly balanced or was otherwise defective, and by reason of such condition it suddenly closed, and while endeavoring to re-open it, the plaintiff's left hand and wrist slipped and suddenly went through the glass of said door.' This allegation was followed by the statement, 'The plaintiff's said injuries were due solely and proximately to the failure of the defendant to exercise reasonable care to have and keep the said door in reasonably safe condition.' There was no evidence...