Duzer v. Commonwealth Telephone Co.

Citations

• 236 Pa. 538
• 84 A. 965
• 1912 Pa. LEXIS 793

Syllabus

<p>Negligence — Master and servant — Telephone companies — Evidence — Case for jury.</p> <p>In an action against a telephone company to recover damages for personal injuries, the case is for the jury where there is evidence that the plaintiff was employed by the defendant to aid in the construction of its lines, although he was without experience in this kind of work; that the company furnished him for the purpose of climbing poles, an appliance in the nature of a harness which fitted to the body; that attached to the harness were snaps which passed around the pole, and were fastened at the ends to the harness by means of metallic snaps; that these snaps were an important factor in the safety of the climber; that at the time of the accident one of the snaps which was out of order came open with the result of the strap dropping away from the hole, and letting the plaintiff fall to the ground; that the defect in the snap was not apparent at a glance; that it had existed for some time; and that no notice of its condition had been given to the plaintiff.</p>