Nemier v. Riter

Citations

• 179 Pa. 557
• 36 A. 335
• 1897 Pa. LEXIS 690

Syllabus

<p>Negligence — Master and servant — Fellow servant — Defective floor. ,</p> <p>In an action by a workman against his employer to recover damages for personal injuries caused by one of the planks of the flooring over a pit slipping from the edge of a joist, it appeared that it was sometimes necessary to remove the flooring over the pit when the pit was to be used; this was done by the regular carpenter of the shop. Eight days before the -accident the floor had been removed, and when the carpenter was about to put it down again, the foreman suggested to him that the plank should be nailed to cross-pieces, so that they could be taken up and replaced in one piece. The carpenter replied that the planks in use were not long enough, and he was told to put the floor down, and to see the superintendent and got lumber to make a cover in one piece. He put the floor down without nailing it, and applied for new lumber, and two days after the first application he called the superintendent’s attention to the fact that the lumber had not been furnished him. Held, (1) that the evidence was insufficient to show negligence upon the part of the defendants; (2) that the negligence, if any, was that of the carpenter, a fellow-workman; (8) that a nonsuit was properly entered.</p>