Geist v. Rapp

Citations

• 206 Pa. 411
• 55 A. 1063
• 1903 Pa. LEXIS 732

Syllabus

<p>Negligence — Master and servant — Scaffolding.</p> <p>In an action against an employer to recover damages for the death of an employee by the fall of a scaffolding on which the deceased worked, there was testimony that the scaffold was built in an unusual manner with insufficient planks and insufficient nails, and that for that reason it was not capable of bearing safely the weight that would be put upon it. The evidence of experienced carpenters was conflicting as to whether the defective construction was so manifest that the deceased should have seen it. Held, that the case was for the jury.</p> <p>Evidence — Model—Negligence.</p> <p>In an accident ease a model of a scaffold not put in evidence nor treated as such, may be used for illustration of the description by a witness of the mode of building the scaffold.</p> <p>Trial — Jury—Relationship between jury and party — New trial.</p> <p>The appellate court will not review' the action of the trial court in refusing a new trial asked for on the ground of an alleged relationship between a party and a juror, where the court below has found upon apparently sufficient evidence that no such relationship actually existed between the parties.</p>