McNeil v. Clairton Steel Co.

Citations

• 213 Pa. 331
• 62 A. 923
• 1906 Pa. LEXIS 474

Syllabus

<p>Negligence — Master and servant — Contributory negligence — Nonsuit.</p> <p>In an action against a steel company to recover damages for personal injuries sustained by the employee of another company, it appeared that at the time of the accident plaintiff was engaged in putting up structural work at the plant of the steel company. A small car operated by electricity ran upon a track past the point where he was at work. In order to permit the car to pass it was necessary to depress a guy rope temporarily in use, and this the plaintiff did by standing on it. He steadied himself in this position by reaching out to the girder or channel upon which the rails were laid, and in so doing inadvertently put his hand upon the rail. It was not necessary for him to do this. The car had passed him once before and ho had depressed the rope in the same way and steadied himself by putting his hand on the flange of the girder below the rail. Held, that a nonsuit was properly entered.</p>