Lindguist v. Irwin

Citations

• 260 Pa. 435
• 103 A. 825
• 1918 Pa. LEXIS 542

Syllabus

<p>Negligence — Master and servant — ■Safe place to worlc — Proper materials — Contributory negligence — Choice of methods — Obviously dangerous course — Death—Case not for jury.</p> <p>In an action against an employer to recover damages for the death of plaintiff’s husband who was killed by a fall through an opening for an elevator shaft in a building in course of construction by defendant, where it appeared that inside the space left for the shaft a wooden tower had been erected; that it became necessary to shore up the tower and that deceased placed a wooden brace or shore across the shaft opening against the tower and either lay or stood upon it in order to nail it in place, whereupon the lumber collapsed, precipitating deceased to the ground, and where it further appeared that he could have nailed the shore with safety without bearing his weight upon it by reaching across a smaller space which ran at right angles to the other opening, he was guilty of contributory negligence in doing in a clearly hazardous way an act necessary to the performance of the duties of his employment, when he could have accomplished the desired end in another way apparent to him and reasonably safe, and the jury having found a verdict for plaintiff, the court properly entered judgment for defendant n. o. v.</p>