Conger v. Wiggins

Citations

• 208 Pa. 122
• 57 A. 341
• 1904 Pa. LEXIS 712

Syllabus

<p>Negligence — Building—Contractor—Province of court and jury.</p> <p>In an action by the wife of an employee of a subcontractor against a contractor for the construction of a hotel building, it appeared that before the completion of the building, the contractor, in order to protect a skylight from falling debris, caused some scantling to be nailed to window sills, and extended out over the skylight. Upon the scantling some loose boards were placed so as to intercept anything which might otherwise fall upon the glass. There was nothing in the testimony to indicate that the structure was intended to be used as a scaffold; but there was some evidence tending to support the claim that it was liable to mislead workmen into the supposition that it was a scaffold. Deceased walked out over the structure which broke under his weight and he was killed. 3eld, (1) that it was error for the court to assume in its charge that the structure was a scaffold; (2) that the question of defendant’s negligence and the deceased’s contributory negligence was for the jury.</p>