Owens v. Henderson & Co.

Citations

• 253 Pa. 428
• 98 A. 613
• 1916 Pa. LEXIS 863

Syllabus

<p>Negligence — Master and servant — Goal company — Hoisting plant —Defect in apparatus — Contributory negligence — Nonsuit.</p> <p>1. In an action against the owner of a coal yard to recover damages for tbe death of plaintiff’s husband a compulsory nonsuit was properly entered where it appeared that decedent had charge of the hoisting plant in defendant’s yard; that it was his duty to keep it in repair; that the ropes attached to the shutters under the hoisting bucket had rotted as the result of exposure; that decedent called such fact to the attention of the president of the defendant company, who directed him to stop thé unloading immediately and make the necessary repairs; that in the course of making the repairs to one of such shutters he stood within the swing of another, and told his helper to haul away, causing the fall of the latter shutter directly upon him.</p> <p>2. In such case the fact that plaintiff’s decedent was without scientific or technical training is immaterial where it appears that he was a capable mechanic and had been in defendant’s employ for a number of years.</p>