Mack v. Wright

Citations

• 180 Pa. 472
• 36 A. 913
• 1897 Pa. LEXIS 948

Syllabus

<p>Statutes — Damages—Negligence—Act of May 11, 1893 — Protection of •workmen during building operation.</p> <p>When a statute imposes a duty where none existed before, the presumption is that the remedy provided therein for the breach of the duty is exclusive.</p> <p>Under the Act of May 11, 1893, P. L. 41, which requires persons engaged in building to cover the joists or girders of each floor above the third story with boards or other suitable material so as to protect workmen and others, the money penalty provided by the act is exclusive of all other remedies, and an action for damages for personal injuries cannot be sustained for failure to comply with the provisions of the act.</p>