Clark v. Millett

Citations

• 57 Pa. Super. 287
• 1914 Pa. Super. LEXIS 191

Syllabus

<p>Negligence — Pleadings—Variance—Nonsuit.</p> <p>1. Where evidence is admitted without objection on the part of the defendant that the proof offered varied from the statement of claim, the trial judge cannot raise such an objection to the evidence, of his own motion, and assign it as a reason for refusing to take off a compulsory nonsuit.</p> <p>Negligence — Master and servant — Contributory negligence — Question for jury.</p> <p>2. In an action by a woman against her employer to recover damages for personal injuries, the question of the plaintiff’s contributory negligence is for the jury, where it appears that the plaintiff was employed to wash some windows in the second story of a house which was part of a new building operation, that noticing the paint which was to be washed off was on the outside of the windows, she called the defendant’s attention to it and he said: “You can go out there and get at it handier,” that plaintiff stepped out on what she supposed was the roof of the porch, but which was merely a frame covered with tar paper, and fell into a cellar opening and was injured.</p>