Page:Federal Reporter, 1st Series, Volume 7.djvu/779

 HAMMERGEBN iJ. SCHUBMBIBE. 767 �to throw off and on the pulleyB the belt which gave motion to the reTolving ehaf t. The ste^l rope, which wae attaoliecl to the elevator and drum, was longer than necessary to allow the elevator to go down to the lowest floor by several feet, and this surplus was coiled around the drum. There was an adjustable cam or set screw on the moving part of the eleva- tor, and a collar on the iron rod in thelowest room, where plaintiff worked; and if the cam was screwed up tight when the elevator came down, it would hit the collar and operate the iron rod and throw the belt off the fixed pullies and stop the machinery ; but if the cam was not screwed up tight and adjusted so that the rope was taut when the machinery stopped, the drum would revolve and the rope unwind so as to become slack. �The plaintiff had frequently used the elevator and knew how to stop and; start it, and knew that the cam required to be adjusted when the defendants started to go up, and that the rope was more slack than usual. He neither adjusted the cam so as to take up the slack and make the rope taut, nor informed the defendants, when they went on the elevator to asceud, that the rope was slack. The negligence of the defendants can be attributed only to the fact that they went upon the elevator and proceeded to operate it when the rope was slack; but the plaintiff, in proving this conduct of the defendants, also proves that, with knowledge that this rope was slack, he did not adjust it, although a wrench was in the room with which it could be done, and did not notify the defendants, but immediately as the elevator ascended went under it to sweep and was injured. This was negligence on the part of the plaintiff ; and one who, by his negligence, has brought iujury upon himself, caimot recover damages for it. �Motion deuied. ��� �