Shields v. Merchants' & Miners' Transportation Co.
Citations
- 230 Pa. 624
- 79 A. 804
- 1911 Pa. LEXIS 659
Syllabus
<p>Negligence — Ships—Elevator—Contributory negligence — Master and servant.</p> <p>In an action against a steamship company to recover damages for the death of a boy eighteen years old, a nonsuit is properly entered where it appears that the deceased had been employed on one of the defendant’s vessels for three months, running the engine which furnished power for a freight elevator, and was familiar with the latter’s operation; and that, having gone into the hold for some reason after being relieved from duty, in attempting to get on the elevator when he knew the signal to start had been given and after it was in motion he fell across it and was caught between it and the deck; there being evidence that the elevator moved “very fast,” but nothing to show any jerk or unusual movement, or that it was not run in the usual way, or that the manner in which it was run caused the accident.</p>
Judges: Brown, Elkin, Fell, Mestrezat, Moschzisker, Potter, Stewart
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