Reilly v. Shannon

Citations

• 180 Pa. 513
• 37 A. 95
• 1897 Pa. LEXIS 954

Syllabus

<p>Negligence — Evidence—Province of court and, jury.</p> <p>In an action to recover damages for personal injuries it appeared that the plaintiff was a workman of a contractor, and that he was injured by the negligent starting of an elevator in a building which was being repaired after a fire. It did not appear who made the contract with plaintiffs employer, nor did it appear that the defendants had more than a permissive use of the building, nor did it appear that the elevator was operated by them or their servants. It did appear that the elevator was unfinished and still in charge of the men who put it in, and that it was being operated to carry some of the defendants’ goods to the upper floor. It also appeared that at the time of the accident carpenters, painters, plumbers and elevator men were at work in the building, and that none of them was employed by defendants. The defendants did not supervise or direct the performance of any portion of the work. Held, that a nonsuit was properly entered.</p>