Crawford v. American Steel & Wire Co.

Citations

• 123 F. 275
• 59 C.C.A. 293
• 1903 U.S. App. LEXIS 3990

Syllabus

<p>1 Accident to Employe—Assumption op Rise—Instruction.</p> <p>Plaintiff’s intestate was employed by defendant to remove such of the sheets of iron constituting the roof of a building as were sound enough to be used on another building, the roof being convex in shape, except for a space in the center, he knowing the size of the sheets, and that if one gave way he would fall through, unless he resorted to some expedient for safety, and also knowing that some of the sheets were not in good condition, so that he could not fail to understand that snow might be an element of danger. Eel&, in an action for his death, a sheet having broken, and he having fallen through, that an instruction that, if no time was fixed as to when he should commence or finish the work, and snow was on the roof when he was employed, or fell after his employment, and he thereafter commenced the work without any direction, he assumed the risk from the presence of the snow, was proper, it not being-necessary to qualify it by the condition, if he knew the presence of the-snow was likely .to increase the risk, as it was indisputable that he didi know it.</p> <p>2. Same.</p> <p>An instruction, in an action for death of one from falling through a sheet-iron roof, the sound sheets of which he was employed to remove, that the jury had a right to find, from the location of a rope hanging down through the place where he fell, and from the marks on his hands, that he went over the snow with a rope in his hands for the purpose of protecting himself from falling through the roof; and, if they so found, it was their duty to find he realized and appreciated the danger, and defendant was not chargeable with the consequence of his failure to maintain himself by means of the rope he thus relied on—is proper, it not being to the effect that the' mere fact that an employé is aware he is entering on a dangerous undertaking implies his consent to assume the risks incident to it, but that when an employé appreciates