Byers v. Youghiogheny & Ohio Coal Co.

Citations

• 230 Pa. 10
• 79 A. 157
• 1911 Pa. LEXIS 551

Syllabus

<p>Negligence — Master and servant — Unguarded 'platform, and stairway— Risk of employment — Nonsuit.</p> <p>In an action by an employee of a coal company against Ms employer to recover damages for personal injuries.caused by a fall from an unguarded platform and stairway, a nonsuit is properly entered where the evidence shows that the dangerous condition of the platform and stairway was open and obvious to every one, that the plaintiff and the other employees of the defendant had used them for months, and that the plaintiff had continued to use them after Ms request that a guard rail should be installed had been refused.</p>