Marsiglia v. Dozier

SHAW, J.

A demurrer to the complaint was sustained and thereupon judgment was given for the defendants. Plaintiff appeals therefrom.

The action is to recover damages suffered by plaintiff from an injury caused by a heavy weight falling against him. The defendants are the members of the board of education of the city of Los Angeles. The board maintains a high school in a high school building under its control. The building was more

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than two stories high. The law requires the board of education to provide such buildings with fire escapes. (Pol. Code, sec. 1890.) The fire escape provided by the defendants for this building consisted of a stepladder attached at one ehd by a hinge at the level of the second story floor and so arranged that the other end could be lowered to' the ground if necessary for use. To facilitate this lowering, a wire rope was run from the movable end over a pulley, attached at the third floor level, and thence to a weight or counterpoise suspended in the air some twelve feet from the ground. The proper position of the ladder when not in use was at such a height that the lower end could not be reached by a person on the ground. When the end was lowered it would, of course, raise the weight. The injury was caused by this weight falling against the plaintiff’s shoulder.

The negligence is alleged as follows: When the end of the ladder was down within reach of a person on the ground, it could be raised, lowered, and made to oscillate by a child. Consequently, it formed an attractive plaything for children in the vicinity. It did attract the plaintiff and other children thereto, as defendants well knew. Plaintiff was ten years old. In the position just stated the fire escape was a dangerous thing for children to play with. The reason why it was dangerous in that position is not stated. At the time of the injury the defendants had negligently allowed the ladder to be lowered so as to be accessible to children on the ground, and to remain there unguarded and without fastenings. Plaintiff and other'children, by the negligence of defendants as aforesaid, were attracted to it. Plaintiff was standing beneath the weight. The other children were moving the ladder: By reason of their so moving the ladder, the pulley above, over which the rope ran, became loosened and detached from its fastenings, and allowed the weight to fall against plaintiff’s shoulder, causing the injuries complained of. '