Craig v. Riter Conley Mfg. Co.

Citations

• 272 Pa. 219
• 116 A. 167
• 1922 Pa. LEXIS 805

Syllabus

<p>Negligence — Employee of independent contractor — Moving crane, —Warning—Notice—Master and servant — Contributory negligence —Case for jury.</p> <p>1. In an action by an employee of an independent contractor to recover damages for personal injuries suffered while at work on alterations in defendant’s building, the case is for the jury, where the evidence, though contradicted, tends to show that plaintiff was injured while standing on a girder, by the end of a moving crane striking him, that defendant’s foreman knew of the presence of defendant, promised to protect him, but had failed to do so by giving the usual warning by gong, and that the man operating the crane could have seen plaintiff if he had looked.</p> <p>2. The presence of plaintiff on the girder, in view of all the circumstances, could not convict him of contributory negligence as a legal conclusion.</p> <p>3. The work being done was for the mutual benefit of all parties and plaintiff was in the plant by the implied invitation of defendant company, which was therefore bound to use reasonable care for his safety.</p>