Searles v. Boorse

Citations

• 264 Pa. 454
• 107 A. 838
• 1919 Pa. LEXIS 677

Syllabus

<p>Evidence — Court records — Practice, C. P.</p> <p>1. Upon a motion for judgment non obstante veredicto, court records duly admitted in evidence, if unattacked, may be considered, no matter by whom offered.</p> <p>Negligence — Master -and servant — Safe place to work — Reliance on employer’s judgment — Proximate cause — Pleading—Plaintiff’s statement.</p> <p>2. A master is not required to furnish a servant with a safe place to work where the latter is employed for the express purpose of assisting in the repair, demolition or alteration of a property partially destroyed by fire, or is engaged for the purpose of making a dangerous place safe.</p> <p>3. In such ease an employee who claims he assumed the risk because told by the employer or his vice-principal that the place was safe, must aver and prove in what respect the place was dangerous, that he acted in reliance upon the statement that it was safe, and that he was injured by reason of the danger to which he had thus called attention.</p>