Clark v. William M. Lloyd Co.

Citations

• 254 Pa. 168
• 98 A. 866
• 1916 Pa. LEXIS 701

Syllabus

<p>Negligence — Wagons—Lumber—Unloading lumber— Contributory negligence — •Case for jury.</p> <p>1. A man is not required to so guard himself that be can not be injured by the unexpected negligence of another.</p> <p>2. In an action to recover damages for personal injuries sustained by plaintiff as the result of being struck by lumber being chuted from a wagon by one of the defendant’s drivers, the case is for the jury and a verdict for plaintiff will be sustained, where it appeared that plaintiff at the time of the accident was superintending the erection of certain buildings, that he had given directions to the driver of one of the lumber wagons, had turned to give directions for the second load and the driver of the first wagon chuted the lumber, causing it to strike plaintiff; that while the driver knew where plaintiff was standing and plaintiff knew the location and direction of the wagon, the evidence was conflicting as to how far plaintiff stood from the direct line back of the wagon where the lumber would naturally fall, and as to how the lumber came in contact with him.</p>