O'Rourke v. Alphons Custodis Chimney Construction Co.

Citations

• 21 Pa. Super. 52
• 1902 Pa. Super. LEXIS 306

Syllabus

<p>Negligence — Master and workman — Defective appliance — Promulgation of rules for safety of employees.</p> <p>Where ooemployees are distant from each other and it is dangerous for one to have another continue at his work, he who is subject to the peril not being in a position to ascertain the true conditions, it is the duty of the employer to frame and promulgate such rules and regulations as -will afford reasonable safety to employees.</p> <p>In an action by an employee against his employer to recover damages for personal injuries sustained while the plaintiff was working at the bottom of a tall chimney stack in course of construction, while other employees were working at the top, the case is for the jury where the evidence tends to show that the defendant had adopted a device which, ■required the plaintiff to put himself in a position involving danger, that an upper platform which ought to have protected him while in that position was defective, and that because of this defect he was injured, and that the defendant had failed to adopt any rules for the conduct of its employees at the top of the stack for the protection of those at the bottom against a danger reasonably to be apprehended.</p>