McGrath v. Thompson

Citations

• 231 Pa. 631
• 80 A. 1109
• 1911 Pa. LEXIS 899

Syllabus

<p>Negligence — Master and servant — House painter — Safe appliances— Ropes — Tying knot in rope — Duties of foreman.</p> <p>1. In an action by a house painter against his employer to recover damages for personal injuries, a verdict and judgment for the plaintiff cannot be sustained where it appears from the testimony that the plaintiff was directed to paint a small circular roof, having a radius of only about eleven feet, that he selected a rope himself from defendant’s shop; that the rope was in good condition; that he asked the foreman to make a loop in the end of the rope and tie a knot for him, and the foreman did so; that he then took the rope, fastening the loop over the knob at the apex of the roof, and continued to paint around the roof for two or three hours, holding the rope in his left hand to support himself, and that in some unexplained manner the knot came untied, and plaintiff fell from the roof, suffering the injuries of which he complained.</p> <p>2. An employer is not bound to supervise every detail of the labor of his employee, to prevent injury in the ordinary course of the work, from dangers which might be avoided by the use of ordinary care. The workman must use his own judgment as to the manner of handling appliances which are properly provided, and the use of which is obvious.</p>