Demby v. Atkins

Citations

• 61 Pa. Super. 538
• 1915 Pa. Super. LEXIS 368

Syllabus

<p>Negligence — Master and servant — Changing conditions.</p> <p>Where the work of a servant is of such character that his environment necessarily undergoes frequent changes as the work progresses, the master is not bound to protect the servant engaged in it against dangers resulting from such changes.</p> <p>Negligence — Master and servant — Contributory negligence — ■ Bislc of employment — Operating wheelbarrow on scaffolding.</p> <p>Where an employee is instructed to wheel bricks in a wheelbarrow on the runway of a scaffold to a particular part of a building, and after making- one or two trips, starts on a trip at a time when a joist was being raised near a landing around which he was obliged to pass, and instead of stopping until the girder had been hoisted, goes ahead, and in endeavoring to dodge the girder at the landing, falls from the runway and is injured, he is guilty of contributory negligence and cannot recover from his employer for his injuries.</p> <p>A master’s liability arises from the fact that he subjects his servant to dangers which in good faith he ought to provide against, but he is not responsible for those dangers to which the servant voluntarily subjects himself, though he does so without carelessness or breach of duty.</p>