Pender v. Raggs

Citations

• 178 Pa. 337
• 35 A. 1135
• 1896 Pa. LEXIS 1174

Syllabus

<p>Negligence — Interference by owner with work of independent contractor — Contributory negligence.</p> <p>In an action to recover damages for personal injuries it appeared that the defendants, the owners of a building, had entered into a contract with a builder for certain alterations and improvements on the building. The contractor was to have entire charge of the work with a condition that the defendants’ business should be interfered with as little as possible.</p> <p>Plaintiff was a workman employed by subcontractors. In the course of the work it became neeessaiy to build a stack near a wall. The defendants forbade the wall to be taken down, and the evidence was conflicting as to whether the work could have been done without the removal of the wall. In making an excavation the wall fell, and plaintiff was injui-ed.</p> <p>The evidence was conflicting as to whether the dangerous character of the wall was open and obvious, and the court submitted the question of eontnoutory negligence to the jury. Held, that the case was for the jury, and that a verdict and judgment for plaintiff should be sustained.</p>