Negligence, Due care of plaintiff. If a boy, a little less than fifteen years of age, when in the basement of a building where he is employed, sees a freight elevator about two or two and one half feet above the basement floor, and, after the elevator has started, comes toward it with a pail in his hand, calls out "Wait a minute," shoves the pail upon the elevator and then attempts to jump on, but, there not being room enough for him to jump on, he lands on his stomach and is crushed between the elevator and the floor above, he is negligent as matter of law.
LORING, J.
It appeared from the plaintiff's evidence that the elevator was from two to two and a half feet from the basement floor when it was started by Newcomb or by Hurley, and that after it started the plaintiff's intestate said "Wait a minute," shoved his pail upon the elevator and then attempted to jump on himself. His own witness, and the only one who saw what happened, testified that when he attempted to jump on "there was not room enough for him to jump on." The plaintiff's intestate landed on his stomach, and before Newcomb or Hurley could stop the elevator he was caught between the floor of the elevator and the top of the elevator door.
We are of opinion that as matter of law the plaintiff's intestate was guilty of negligence, although he was a little less than fifteen years of age.
The entry must be
Exceptions overruled.