Lamb v. Philadelphia & Reading Railway Co.

Citations

• 217 Pa. 564
• 66 A. 762
• 1907 Pa. LEXIS 760

Syllabus

<p>Negligence — Master and servant — Railroad—Evidence—Nonsuit.</p> <p>In an action against a railroad company by one of its employees, to recover damages for personal injuries, sustained by the giving way of a portion of a roof of a roundhouse while the plaintiff was working thereon, it is reversible error to refuse to permit the plaintiff to testify that prior to the accident for a period of almost two years, he had never seen anyone inspecting or repairing the roof, and also to exclude the testimony of another witness to the effect that during the month preceding the accident he saw glass and metal which were part of the roof frequently falling to the floor of the roundhouse.</p> <p>In such a case it is not necessary to show the condition of the exact spot where the injury occurred, but it is proper to prove the bad condition of other portions of the roof similarly situated and affected as that in the immediate vicinity of the accident.</p>