Cazzulo v. Holscher

Citations

• 261 Pa. 447
• 104 A. 680
• 1918 Pa. LEXIS 762

Syllabus

<p>Negligence — Building erection — Freshly placed stone — Stone carver worhing beloiv — Fall of stone — Oontributory negligence— Judgment for defendant n. o. v.</p> <p>In an action to recover for the death of plaintiffs husband, a stone carver, occasioned by the fall of a large stone under which he was working, deceased was guilty of contributory negligence as a matter of law and judgment will be entered for defendant non obstante veredicto, where it appeared that defendants were engaged in setting the stones on a building and that deceased was the employee of the company doing the carving work; that immediately after’the placing of the stone in question, plaintiff started to carve a stone under it and others which, had been recently placed, although, according to plaintiff’s own witness, he had been warned not to work there until the mortar should dry; and there was no direct evidence as to the cause of the fall of the stone.</p>