Susman v. Young Men's Christian Ass'n of Seattle

• Decision Date: 26 April 1918
• Docket Number: 14518.
• Court: Washington Supreme Court
• Parties: SUSMAN v. YOUNG MEN'S CHRISTIAN ASS'N OF SEATTLE.

172 P. 554

101 Wash. 487

SUSMAN v. YOUNG MEN'S CHRISTIAN ASS'N OF SEATTLE.

No. 14518.

Supreme Court of Washington

April 26, 1918

Department 1. Appeal from Superior Court, King County; Mitchell Gilliam Judge.

Action by Paul J. Susman, a minor, by Mary B. Martin, his guardian ad litem, against the Young Men's Christian Association of Seattle. Judgment dismissing the complaint after demurrer thereto was sustained, and plaintiff appeals. Reversed and remanded.

Walter S. Fulton and Arch F. Williams, both of Seattle, for appellant.

J Speed Smith, Henry Elliott, Jr., and James B. Murphy, all of Seattle, for respondent.

FULLERTON J.

The appellant, a student and patron of the respondent, Young Men's Christian Association, sought to recover in damages from the respondent for injuries sustained because of the negligent operation of a passenger elevator in the association's building by one of its employés. A demurrer was interposed to the complaint, which the trial court sustained. The appellant elected to stand on his complaint and appeals from the judgment of dismissal which followed.

The complaint, omitting the formal parts, is as follows:

'I. That plaintiff is a resident of Seattle, King county Wash., and is of the age of 13 years; that heretofore Mary B. Martin, who is plaintiff's mother and is also a resident of Seattle, Wash., was duly and regularly appointed by the above-entitled court guardian ad litem of plaintiff for the purpose of commencing and prosecuting this action, and she is now the duly appointed, qualified, and acting guardian ad litem of plaintiff for such purpose.

'II. That the defendant is a corporation duly organized and existing under and by virtue of the laws of the state of Washington, with its principal place of business in Seattle, King county, Wash., and its articles of incorporation provide inter alia as follows:

"Section 3. The object of the corporation shall be the improvement of the spiritual, mental, social and physical condition of the young men of Seattle by the support and maintenance of lectures, gospel services, libraries, reading rooms, gymnasiums, recreation grounds, etc., social meetings and such other means as may conduce to the accomplishment of this object.

"The board of trustees shall devote the property of the association, of which they have the management and the income thereof to the purposes named herein and for no other, and so long as the board of directors shall so expend the same, the board of trustees shall pay over to them the income of the property of the association so managed by them.'

'III. That in the prosecution of its business the defendant owns that certain brick building known as the Y. M. C. A. Building, located at the southwest corner of Madison street and Fourth avenue in Seattle; that in said building the defendant maintains gymnasium rooms, a social hall, and reading rooms, an educational department with offices and classrooms, a laboratory, machine shop, library, a lobby, an auditorium, a boys' department with offices, a cafeteria, barber shop, shower and steam baths, swimming pool, and sleeping rooms for rent, and in connection with its educational department said defendant maintains in said building a school in which general branches are taught, and instruction in bookkeeping, typewriting, stenography, and other special courses is given, and for instruction in said branches and courses charges are made to persons taking or receiving the benefit thereof, said charges equaling in amount the prices charged for like instruction by business colleges and other schools in the city of Seattle which give instruction for profit, and for services and privileges in said barber shop, cafeteria, gymnasium, and baths, and for the use of said sleeping rooms, charges are made which equal in amount the prices charged for like services, privileges and rooms by other concerns in the city of Seattle organized and operated for profit.

'IV. That on the 23d day of June 1916, plaintiff, Paul J. Susmann, was a pupil in the school of defendant, and, through his mother, had paid to the defendant, the tuition charges required by it for plaintiff's instruction.

'V. That on said day, and at about the hour of 8:25 o'clock a. m., plaintiff was on the third floor of defendant's said building, desirous of proceeding to his classroom on an upper floor, and for the purpose of being transported to his classroom he signaled for the passenger elevator maintained and operated by the defendant in said building, and in pursuance of plaintiff's signals said elevator then and there operated by an employé and agent of the defendant came from the lower floor and stopped at the level of the third floor for the purpose of receiving plaintiff as a passenger; that as plaintiff was in the act of entering the elevator, and before he had time to enter it, the operator thereof negligently and carelessly, and without notice or warning to him, and with the door of the elevator shaft open, caused the elevator to leave the level of said floor, and thereby the plaintiff was thrown upon the edge of the elevator floor, and was carried several feet above the level of the third floor, when, being unable to retain his position, plaintiff was forced to relinquish the same, and thereby fell four stories and into the basement of the building, a distance of approximately 60 feet, thereby receiving injuries as hereinafter more specifically set forth.

'VI. That the fall of plaintiff and his injuries were due to the negligence and carelessness of the defendant, in that the defendant at the time of plaintiff's injuries and for a long time previous thereto had maintained said elevator in a condition violative of section 667 of Ordinance No. 31578 of the city of Seattle, approved July 22, 1913, providing as follows: 'Every door and gate to an elevator shaft shall always be closed when the elevator leaves the level of the floor or be so designed that the elevator cannot be started until they are closed'--and violative of Ordinance No. 24761 of the city of Seattle, approved August 2, 1910, containing the same provision, which was superseded by said Ordinance No. 31578, in this, that the door to the elevator shaft on the third floor of defendant's said building was so constructed and maintained that it could not be closed as the elevator left the level of the floor, or at all, and was not so designed as to prevent the elevator from being started until it was closed; that the fall of plaintiff was due to the further negligence and carelessness of the defendant, in that the operator of said elevator failed and neglected to stop the elevator at the level of said floor a sufficient length of time to enable the plaintiff to enter the same, but, on the contrary, started the elevator as the plaintiff was in the

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