Stefanson v. Plymouth Borough

Citations

• 262 Pa. 206
• 105 A. 97
• 1918 Pa. LEXIS 621

Syllabus

<p>Negligence — Boroughs—Death—Evidence of negligence — Statement of claim — Amendments—Act of April 12,1858, P. L. 21¡S.</p> <p>1. Evidence to the effect that a place was not a dangerous place in which to work, precludes the court from ruling, as a matter of law, that it was so dangerous as to require the workman to take notice of that fact.</p> <p>2. A claim that a place was an obviously dangerous one in which to work, excludes a claim by the same party that there was no negligence in furnishing it as a place in which to work.</p> <p>3. Where suit is brought in the names of the widow and children of a decedent, to recover damages for his negligent killing, the children’s names may be stricken out at any stage of the proceedings, under the Act of April 12, 1858, P. L. 243.</p>