Danner v. Wells

Citations

• 248 Pa. 105
• 93 A. 871
• 1915 Pa. LEXIS 520

Syllabus

<p>Negligence — Master and servant — Scaffolding—Defects—Act of April 15,1907, P. L. 81, Sec. 8 — Gase for jury.</p> <p>1. In an action to recover damages for the death of plaintiff’s husband resulting from the fall of a scaffold on which he was working, the question of defendant’s negligence was for the jury, where there was evidence that the accident resulted from defendant’s use of unsuitable timber in the construction of the scaffold and his failure to provide sufficient supports therefor.</p> <p>2. In such ease the court made no error in permitting plaintiff to show a violation of Section 3 of the Act of April 15, 190T, P. L. 81, requiring that “all swinging and stationary scaffolding shall be so constructed as to bear four times the maximum -weight to be dependent therefrom or placed thereon when in use.” From the fact that a plain duty is imposed by the act for the benefit of individuals and that the penalty for violations thereof is inadequate to compel compliance with its provisions, it is to be inferred that the penalty was intended to be cumulative to such remedy as the common law gives when a duty owing to an individual is neglected.</p>