Connolly v. Union League

Citations

• 221 Pa. 21
• 69 A. 1125
• 1908 Pa. LEXIS 422

Syllabus

<p>Negligence — Proof—Unanticipated accident — Assumption of risk.</p> <p>In order that there may be recovery of damages therefor, negligence must be proven; it is not to be assumed from thé mere happening of an accident.</p> <p>Where the owner of premises makes no representation as to the condition of a cable, and where the workman employed by an independent contractor to repair a shaft in which it runs, makes his own examination of the surroundings, and satisfied himself as to the safety of the applianees, and has full control of them, the owner is not responsible for damages resulting from the breaking of the cable, where no reason to anticipate such breaking is shown, and no satisfactory reason therefor appears.</p> <p>This is particularly true where it appears that the workman was engaged for days in the shaft, working within reach of the cable, and discovered no defect in it, made no complaint and took no precautions to avoid possible injury to himself from the breaking.</p>