Ellett v. Lit Bros.

Citations

• 264 Pa. 185
• 107 A. 718
• 1919 Pa. LEXIS 616

Syllabus

<p>Negligence — Master and servant — Fall of grit or dust from ceiling — Continuing worlc — Belying on promise of employer — Bish of employment — Allegata et probata — Guessing at cause of accident— Nonsuit.</p> <p>1. In an action by an employee against her employer to recover damages for injuries to her eyes from the fall of grit or dust from the ceiling in the room where she was employed, a nonsuit is properly entered, where plaintiff testifies that the grit or dust fell immediately after a crash in the floor above, without any proof whatever as to who or what caused the crash, or even that the floor above was under the control of the defendant.</p> <p>2. In such a case where plaintiff testifies that two crashes occurred on the floor above on the same day and prior to the one which dislodged the dust, and that she had complained to the foreman about it, she cannot recover, if she fails both in her pleadings and in her proof, to show that she continued to work in reliance ■upon any promise made to her upon her complaint.</p>