Beach v. Hyman

Citations

• 254 Pa. 131
• 98 A. 962
• 1916 Pa. LEXIS 694

Syllabus

<p>Negligence — Master and servant — Elevators—Guarding shafts— Act of April 25,1908, P. L. 804 — Temporary opening — Fellow servant rule — Judgment for defendant n. o. v. ,</p> <p>1. It is not required of an employer that in order to avoid liability for accidents occurring to his workmen through the negligence of a fellow workman, he must follow and observe the details of each man’s work. The law does not impose liability on an employer for consequences of a place of work made dangerous only by the carelessness or neglect of fellow servants, or for the negligent manner in which they use the materials and conveniences furnished them for the work; nor does it impose liability where the danger is merely transitory.</p> <p>2. Under the Act of April 25, 1903, P. L. 304, requiring that elevator gates be closed at all times when not in use, a fall through a temporary opening in an elevator shaft caused by the displacement of a guard, cannot give rise to a recovery for damages, unless negligence on the part of the defendant be shown and that such negligence was the proximate cause of the accident.</p> <p>3. In an action by a night watchman against his employer to recover’ damages for injuries sustained in consequence of falling into an elevator shaft through an open door, where it appeared that the opening had been equipped with proper doors, which at the time of the accident had been negligently left open; there being no evidence as to whose negligence was responsible for the condition, the case called for binding instructions for the defendant.</p>