Ingram v. Lehigh Coal & Navigation Co.

Citations

• 148 Pa. 177
• 23 A. 1001
• 1892 Pa. LEXIS 940

Syllabus

<p>Negligence — Fellow servants — Foreman of carpenters and night watchman.</p> <p>Where a night watchman is injured by falling through an opening left by carpenters working under the charge of a foreman in the employ of the same corporation, there can be no recovery against the common employer, as the accident is the result of the negligence of a fellow servant.</p> <p>Contributory negligence — Approaching place of danger in the dark.</p> <p>It is contributory negligence to approach a place of danger in the dark. Whether so instructed or not, a person of ordinary prudence would carry a lantern rather than an open lamp in a place exposed to the wind.</p> <p>Having taken an open lamp, and the wind having extinguished it, it would have been the part of prudence to have^ relighted it, or procured a lantern, before venturing to pass a place of known danger.</p>