Edsberg v. Baldwin Locomotive Works

Citations

• 240 Pa. 614
• 88 A. 8
• 1913 Pa. LEXIS 724

Syllabus

<p>Negligence. — Contributory' negligence- — Operation of crane— Case for jury:</p> <p>In an action of trespass to recover damages for personal injuries, it appeared that plaintiff, a structural iron worker, employed by contractors, was sent by his employers .to re-enforce cer•tain trestle work in a yard belonging to the • defendant company; ; that- while engaged in such work he was required to stand .upon an iron girder about sixty feet above the ground; that in leaving this place of employment to descend, at the end of the day, it was necessary to cross, and temporarily stand, upon a track, upon which the defendant company operated an' electric crane; that'be- fore stepping-upon the track,-he looked and- saw that the cranes operated thereon were stationary,' and at some distan.ee from him; . that he turned. his back to the cranes while standing upon the track, for the. purpose of receiving his tools from an assistant; that while in this position he was struck by a crane which had ' been negligently moved by the operator, who knew that plaintiff was working above the tracks, and who admitted that if he had been, .looking he would have seen the plaintiff - in time to have stopped .the.crane, and that in failing to -look.he had .violated the instructions which he had received from the defendant. Held, the , questions of the negligence of the defendant company and the contributory negligence of the plaintiff were for the jury, and a .veidiet and judgment' in favor of the plaintiff should'be sustained.</p>