Jones v. American Can Co.

Citations

• 242 Pa. 611
• 89 A. 667
• 1914 Pa. LEXIS 703

Syllabus

<p>Negligence — Master and servant — Safe place to work — Temporary bridge — Notice of increased danger — Case for jury.</p> <p>In an action to recover damages for personal injuries, it appeared that plaintiff had been employed by defendant in moving tin plate from a box car to defendant’s factory by hauling it on trucks over a steel plate forming a temporary bridge from the car« to the factory; that the plate was provided with bolts to prevent it from slipping, and plaintiff had never hauled any trucks over plates not equipped with this device; that just prior to the time when plaintiff was hurt the plate had been moved away at the direction of defendant’s vice-principal and two plates not provided with bolts were substituted therefor; that in dragging the truck over the plates, they parted and plaintiff fell between them, sustaining the injuries complained of. It appeared that plaintiff had no knowledge that the new plates differed from the old one, and it could not be Said as a matter of law that he had had a fair opportunity to observe the material difference between the old and substituted plates. There was no evidence that he had moved the truck in an unusual or careless manner. Held,' the case was for the jury and a verdict and judgment for plaintiff was sustained.</p>