Steinguest v. White

Citations

• 245 Pa. 608
• 91 A. 1064
• 1914 Pa. LEXIS 929

Syllabus

<p>Negligence — Master and servant — Elevators—Contributory negligence — Judgment for defendant n. o. v.</p> <p>1. In an action to recover damages for the death of the plaintiff’s husband resulting from the alleged negligence of-defendant contractors in failing to provide a proper elevator and cable, it appeared that deceased was a foreman in charge of bricklayers and other laborers engaged in the construction of a building; that an open elevator supported by a cable was used for hoisting material; that a loaded wheelbarrow had been lifted thereon to the third floor, which deceased attempted to take from the elevator, but on finding that the elevator was a little below the proper point, directed the engineer to raise the elevator platform a few inches; that while deceased was standing with one foot on the floor of the building and one foot on the elevator, the elevator suddenly fell, causing his death. It appeared that the cause of the fall was the improper clamping of the cable at the top of the elevator; which was due to the neglect of deceased after a warning; that although it was customary to throw a ratchet upon a drum to hold the elevator in a fixed position when it was at the floor for service, this had not been done; that the workmen were instructed not to ride on the elevator and were warned not to do so by a danger signal; and that it was not necessary for deceased to have placed his foot upon the elevator. The jury found a verdict for the plaintiff, but the court subsequently entered judgment for defendant n. o. v., on the ground that deceased was guilty of contributory negligence. Held, no error.</p>