Brynelson v. Turner-Forman Concrete Steel Co.

Citations

• 239 Pa. 346
• 86 A. 924
• 1913 Pa. LEXIS 570

Syllabus

<p>Negligence — Master and servant — Evidence—Directed verdict— Act of May 11,1893, P. L. 41.</p> <p>1. When an employée charges his employer with negligence, he must prove it. The mere fact of the happening of an accident cannot establish liability.</p> <p>2. Where in an action to recover damages for personal injuries it appears that plaintiff, after completing his day’s work, was injured through the fall of a block of wood upon him, while he was descending a ladder in a building on which his'employer, the defendant, was a sub-contractor, and plaintiff produces no evidence of the cause of the accident or of any failure of duty by' defendant, the court is correct in directing a verdict for defendant.</p> <p>3. The plaintiff in Such case can not rely upon a theory that defendant owed strangers lawfully on the premises a duty of protection, where as he alleges and proves that. at the time of the accident he was still in the course of his employment.</p> <p>4. The Act of Hay 11, 1893, P. L. 41, relating to the covering of joists and girders by parties in charge of the construction of new buildings has no application to such a case.</p>