Ostrowski v. Crawford Door Sales Co.

Dissenting Opinion by

Montgomery, J.:

I find no evidence in this case to impose liability on either Crawford Door Sales Co. or on Edward J. Libertoski. The former provided everything it was required to provide under the contract with Scranton Casket Company and Libertoski installed the door as completely and expertly as possible under the prevailing conditions. In fact he took the extra precaution of providing a temporary stop at the bottom of each runner of the door to accommodate Scranton Casket Company in the use of the door until it had the time and opportunity to lay the concrete floor in this area of the new addition to its factory: Scranton accepted the door as completely installed and was thereafter re-, sponsible for its operation.

The cause of the accident which resulted in plaintiff’s injuries was entirely and solely the fault of Scranton in failing to remove seventy pounds of ice which had accumulated on the door after it had been properly installed and of which it had, ample notice. It would be unreasonable and unjust to hold either Crawford or Libertoski responsible for failure to anticipate that. this additional weight would be added to the door and not removed therefrom by Scranton.

I find no merit in the argument that the door as installed, without the additional weight of the ice, was *434uncertain and hard to control (what is meant by this is not explained). However, such doors are - installed with springs, the tension of which is regulated so that the door may be raised and lowered with the minimum of effort. If the tension is too great a door will raise itself and if too little'will require effort to raise it. However, this door was overweighted by seventy pounds-of ice and required great effort to raise, with the obvious consequence that when this claimant raised it, the tension of the spring was insufficient to hold it in an open position. As soon as he released his hold, it fell to a closed position with such force that it broke the temporary stops which had been installed for its regulation and ordinary operation.

I would reverse the judgment against Crawford Door Sales Co. and Edward J. Libertoski and order it entered in their favor.

Therefore, I respectfully dissent.