Szyca v. Northern Light Lodge No. 121
| Citation | 271 N.W. 102,199 Minn. 99 |
| Decision Date | 29 January 1937 |
| Docket Number | 30619. |
| Parties | SZYCA et al. v. NORTHERN LIGHT LODGE NO. 121. |
| Court | Minnesota Supreme Court |
Appeal from District Court, Hennepin County; Lars O. Rue, Judge.
Action by Pauline Szyca and another against the Northern Light Lodge No. 121, etc. From an order denying a motion for a new trial after a verdict for defendant, plaintiffs appeal.
Affirmed.
Syllabus by the Court .
Defendant rented a hall on the third floor of its building to an aluminum company in order that the latter might display its wares. Defendant also furnished chairs for the occasion. In a suit arising out of injuries sustained by plaintiff when a chair collapsed when she sat upon it, held :
1. The doctrine of res ipsa loquitur is not applicable, since the chair was not under the control of defendant, and
2. On the record here presented, no negligence of defendant appears.
3. Objections to evidence were properly sustained.
E. Luther Melin, of Minneapolis, for appellants.
Cobb Hoke, Benson, Krause & Faegre and Paul J. McGough, all of Minneapolis, for respondent.
After a directed verdict in favor of defendant, plaintiffs moved for a new trial and come here upon appeal from the order denying that motion.
The defendant fraternal organization owns and operates a three-story building in Minneapolis. A hall on the third floor is often rented for public meetings. The Art Cast Aluminum Ware Corporation, through its agent, occasionally rented the hall for an afternoon to display its products to the public. Leasing of the hall also included the use of tables and chairs. January 6, 1935, Merz, the agent of the Aluminum Company, had rented the hall for a public exhibition of his company's product and the hall was well filled. To accommodate the audience chairs had been set up by agents of the aluminum company. Plaintiff, a woman of 52, weighing 190 pounds, arrived at the meeting, sought and found a chair and seated herself. The chair collapsed beneath her and fell to the floor, sustaining injuries for which she now seeks damages. Her husband sued for loss of services and the actions were consolidated for trial.
Appellants' various assignments of error may be divided into three major contentions: (1) That the doctrine of res ipsa loquitur was applicable; (2) that there was sufficient evidence of defendant's negligence to justify submitting the case to a jury; and (3) that the court improperly sustained objections to plaintiffs' questions designed to bring out the general condition of the chairs leased by defendant.
Carl Langagar was the caretaker and rental agent of defendant's building and it was he who rented the hall to Merz. Merz was told that he could use the chairs to accommodate his audience. The chairs were kept piled in a rest room adjacent to the hall and were pointed out to Merz by Langagar. It was agreed that Langagar would replace the chairs in the rest room after the meeting, but Merz's assistants set them upon the floor of the hall.
1. With plaintiffs' contention that the doctrine of res ipsa loquitur is applicable to the facts here under consideration we cannot...
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