Schneider v. Philadelphia Quartz Co.

Citations

• 220 Pa. 548
• 69 A. 1035
• 1908 Pa. LEXIS 813

Syllabus

<p>Negligence — Master and servant — Fellow servant — Bisk of employment —Danger as work progresses — Scaffold.</p> <p>When the work of a servant is of such a character that the environment of the servant as the work progresses necessarily undergoes frequent changes, the m'aster is not bound to protect the servant engaged in it against dangers resulting from such changes. It is sufficient if he provide against such dangers as may possibly or probably arise and give the workmen the means of protecting themselves.</p> <p>A servant who has had full opportunity of knowing the danger and risk of his ^employment, and makes no complaint to his employer as to the danger to which he is exposed, but continues to work voluntarily notwithstanding, assumes the risk of injury from the dangers to which he is exposed.</p> <p>In an action by a man employed to carry bricks and mortar to masons on a scaffolding, against his employer, to recover damages for personal injuries, a nonsuit is properly entered, where the plaintiff testifies that the scaffolding where he had been at work was of a width of five or six boards each a foot wide; that about an hour before the accident occurred a fellow workman removed three of the boards, and carried them to the other end of the scaffold; that he saw him do it, and that for an hour thereafter he worked on two boards instead of the five or six on which he had been working; and that as a result of the insufficiency of the space he fell in the course of his work, and was injured.</p> <p>In such a case the defendant was under no obligation to meet the changing conditions of danger as the work progressed; and the plaintiff assumed the risk in continuing the work without complaint, after he knew of the obvious danger.</p>