Work v. Des Moines Coliseum Co.

• Citation: 207 N.W. 679
• Decision Date: 06 April 1926
• Docket Number: No. 37245.,37245.
• Parties: WORK v. DES MOINES COLISEUM CO. ET AL.
• Court: United States State Supreme Court of Iowa

207 N.W. 679

WORK

v.DES MOINES COLISEUM CO. ET AL.

No. 37245.

Supreme Court of Iowa.

April 6, 1926.

Appeal from District Court, Polk County; W. G. Bonner, Judge.

The plaintiff appeals from a judgment on directed verdict in an action for personal injuries. Affirmed.Halligan & Fountain, of Des Moines, for appellant.

Miller, Kelly, Shuttleworth & McManus, of Des Moines, for appellee Des Moines Coliseum Co.

Parrish, Cohen, Guthrie & Watters, of Des Moines, for appellee Circus Committee, Za Ga Zig Temple, A. A. O. N. M. S.

MORLING, J.

One defendant is the Des Moines Coliseum Company, owning the Des Moines Coliseum, a structure built to house large gatherings. The other defendant named is the circus committee of Za Ga Zig Temple. The company leased the Coliseum to Za Ga Zig Shrine circus committee in writing for 14 days, beginning April 6, 1924, for Shrine Circus. The lease required the lessee to use proper care and diligence in taking care of the premises and not to allow trash or refuse of any kind to accumulate on them. It permits the lessor at reasonable hours to enter the premises to inspect them or show them to persons desirous of leasing. The lease also provides that no booth or obstructions are to be erected in front of permanent display booths already rented to permanent booth holders. The lease contains no other reservations to the landlord or restrictions upon the tenant in respect to the use of the property. The Coliseum fronts to the south. The arena or auditorium, exclusive of booths, stage, lobby, etc., is 104x180 feet, and is lined with permanent booths. At the southwest corner of the arena, facing west, is permanent booth No. 6, of which Wingate is permanent lessee, using it for storage purposes only. Immediately east of this booth was a trapdoor in the floor of the arena, furnished with a chute down to a few feet from the floor of the basement, and used for sweeping and throwing sweepings and rubbish into the basement to be burned. There were no permanent guards for this trapdoor.

The circus began April 7th. On the afternoon of April 8th plaintiff went to the Coliseum to put some bunting on the canopy on the outside of the building. Asking Wingate if he had any bunting, Wingate said he would go into the booth to see. Plaintiff started to follow him, but was detained so that Wingate arrived at the booth first. The trapdoor was open, and Wingate stepped over one corner of it. Plaintiff entered the auditorium, and, as he approached the booth, fell into the open trapdoor and was precipitated to the basement, suffering injuries for which he sues. The hinges of the trapdoor were on the west side of the opening, so the door was raised toward the west. Immediately to the north was a temporary booth, to the south a large pasteboard box, leaving an open approach from the east. Plaintiff seems to have been familiar with the auditorium and the surroundings, but does not say whether or not he previously knew of the trapdoor. The accident occurred at 2 or 3 o'clock in the afternoon, and there is evidence that the auditorium “was fairly dark.” The evidence does not show who opened the door, or how long it had been open, or what knowledge, if any, the employés of the defendants had of its...