Perry v. Payne

Citations

• 217 Pa. 252
• 66 A. 553
• 1907 Pa. LEXIS 692

Syllabus

<p>Negligence — Master and servant — Owner and contractor — Elevator.</p> <p>Where an owner of a building permits two workmen employed by a contractor to use the top of the elevator as a staging for painting the upper part of the shaft of the elevator, and after this part of the work is done, the painters go to the bottom of the shaft, and while there at work the elevator boy employed by the owner, drives the elevator down the shaft, and one of the men is killed, the owner of the building is liable in damages for the death.</p> <p>Bond — Indemnity against damages — Contract—Contractor—Owner— Nonsuit.</p> <p>A contract of indemnity against damages arising from accidents to persons should not be construed to indemnify against the negligence of the indemnitee, unless it is so expressed in unequivocal terms. The liability on such indemnity is so hazardous and the character of the indemnity so unusual and extraordinary, that there can be no presumption that the indemnitor intended to assume the responsibility unless the contract puts it beyond doubt by express stipulation. No inference from words of general import can establish it.</p> <p>The contractors in a building contract gave to the owner of the building a bond conditioned that they “shall protect and keep harmless the owner of and from all loss, costs and damages, for nonfulfillment of same, or by reason of any liens, claims or demands for material for labor furnished for the construction of said work, or from damages arising from accidents to persons employed in the construction of, or passing near the said work, or for damages done to adjacent properties by reason of the construction of said work, or by depositing material in such a manner as to damage either the city or the individual.” Held, that the bond did not apply to accidents to persons resulting from the negligence of the owner or his servants while the owner was in possession of the building.</p>