Nuss v. Rafsnyder

Citations

• 178 Pa. 397
• 35 A. 958
• 1896 Pa. LEXIS 1182

Syllabus

<p>Negligence —Master and servant — Risk of employment.</p> <p>When an employee after having the opportunity of becoming acquainted with the risks of his situation, accepts them, he cannot complain if subsequently injured by such exposure. By contracting for the performance of hazardous duties, he assumes such risks as are incident to their discharge from causes open and obvious, the dangerous character of which causes he has had opportunity to ascertain.</p> <p>In an action by a workman against the owner of a building to recover damages for personal injuries alleged to have been caused by a defective scaffold, it appeared that plaintiff knew the scaffold differed in construction from other scaffolds on which he had worked. He worked on it with a fellow workman on a Saturday, and men observed that it appeared loose and it rocked up and down. Plaintiff’s fellow workman complained to the defendant of the condition of the scaffold, and the defendant said in plaintiff’s presence that he was sorry, but made no promise to repair the scaffold. On the following Monday plaintiff resumed work on the scaffold, noticing at the time that there had been no change in its condition since he left it on Saturday. While the plaintiff was at work (he scaffold broke, and plaintiff was injured. Held, that the plaintiff was guilty of contributory negligence, and not entitled to recover.</p>