McGinnis v. Valvoline Oil Works

Citations

• 67 Pa. Super. 387
• 1917 Pa. Super. LEXIS 412

Syllabus

<p>Negligence• — Master and servant — Safe place of employment — • Contributory negligence.</p> <p>In .an action by a night watchman against his employer to recover damages for personal injuries sustained from falling into a pit over which he was crossing on a plank twelve inches wide, no recovery can be had where it appears that the plaintiff was sixty-eight years old, weighed two hundred and fifteen pounds, had defective eyesight and used a cane on account of rheumatism; that he was generally familiar with the building and construction that was going on; that he had not been invited or directed, nor was there any necessity for his using the plank as there were other ways by which he could have gone around the pit; and that according to his own testimony he “didn’t pay particular attention to it, was in a sort of hurry to get out.”</p>