Donovan v. Harlan & Hollingsworth Co.

Citations

• 18 Del. 190
• 2 Penne. 190
• 44 A. 619
• 1899 Del. LEXIS 27

Syllabus

<p>Case—Action for Personal Injuries—Construction of Scaffold— Duty of Master—Duty of Servant—Negligence— Burden of Proof.</p> <p>1. If in an action for personal injuries caused by the falling of a scaffold on which the plaintiff was working, the jury shall find that it was the duty of the defendant not only to provide the materials for the scaffold, but also to place those materials in position ready for the use of the plaintiff, and shall also find that the injuries resulted solely from the defective scaffold, their verdict should be for the plaintiff. But if they find that it was the duty of the' plaintiff to erect his own scaffold, or to shift the planks used therein from time to time to meet the exigencies of his work, and the injuries resulted from his own want of care in so doing, and the duty of the defendant was only to provide the materials for the scaffold, their verdict should be for the defendant.</p> <p>2. If it was the duty of the plaintiff to erect, or arrange, his own scaffold, its safety would be his own risk, and it would be immaterial whether he took the scaffold materials and placed them in position himself at the time he began his work, or adopted and used for his scaffold the materials as they had been placed in position by other of his fellow-workmen for their convenience.</p> <p>3. It is unquestionably true that a servant may assume .the construction of the place in which he works ; and if the conditions of his employment are of that character, the master is relieved of such duty.</p>