Hotchkin v. Erdrich

Citations

• 214 Pa. 460
• 63 A. 1035
• 1906 Pa. LEXIS 681

Syllabus

<p>Negligence — Dangerous premises — Chimney stack — Inspection—Nonsuit.</p> <p>- In an action against the owner of a brewery to recover damages for personal injuries, it appeared that the defendant had a contract with plaintiff’s employer by which the latter was to place a leaden cap over .the top of a tall chimney stack. - In making the arrangements the architect of the defendant told the employer o'f the plaintiff that there was an inside ladder which the workmen could use to ascend the chimney, and this information was repeated to plaintiff. At.the time appointed, plaintiff who was to do the work, appeared at the brewery and asked where the stack was, and was shown to the chimney, and the manhole leading into it. After satisfying himself that the fires were out, and that there was no danger from that score, he entered the chimney, and found there a series of rungs or iron bars extending across a section of the stack,' with the ends of the bar walled, or embedded in the brick sides of the chimney, one bar above the other, at irregular intervals from the bottom to the top, thus.forming in éffeet a crude ladder. Before he began to ascend, and as he reached them in succession, the plaintiff tapped each rung or bar with a piece of solder, to ascertain if it was firm and solid before trusting his weight to it. His object in going up the chimney at this time was, not to begin.the actual work, but to obtain necessary measurements. After mounting some distance,'he was standing‘upon one bar, with his hands upon another about opposite his waist, and then with his right hand he reached up to a third bar, which he tapped .with the solder, and found it apparently secure. He testified ’that the tapping with the solder would, in his judgment, show whether the rungs were solid. Being satisfied with the test as to this particular bar, to which he was about to transfer his weight, he changed the solder to his left hand, and took hold of the bar with his right hand, and while thus