Davis v. Edmondson

Citations

• 261 Pa. 199
• 104 A. 582
• 1918 Pa. LEXIS 714

Syllabus

<p>Negligence — D-omce hall — Rear door— Wooden platform — ■ Absence of gua/rd rails — Injury to musician — Statement of claim— Unfamiliarity with place — Stepping out into darkness — Affidavit of defense in nature of demurrer — Practice Act of May 14,1916, P. L. 488 — Contributory negligence — Judgment for defendant.</p> <p>1. A statement of claim is insufficient where it fails to make out a ease clear of contributory negligence on the part of the plaintiff.</p> <p>2. In an action against the owner of a dance hall to recover for personal injuries resulting from plaintiff’s falling off a platform adjoining a rear door of the hall, the statement of claim affirmatively discloses contributory negligence on the part of the plaintiff and judgment was properly entered for the defendant where it was averred that plaintiff was a musician employed by the lessee of the hall; that the platform in question was three feet by six and was used during the dancing by the daneers; that some one other than the plaintiff on the night of the accident opened the door in the hall leading to the platform and he stepped out on it in the darkness, that he was unable to see the ends of the platform and stepped off it and sustained the injuries complained of.</p>