Stirling v. Merchant & Evans Co.

Citations

• 39 Pa. Super. 42
• 1909 Pa. Super. LEXIS 435

Syllabus

<p>Negligence — Master and servant — Dangerous appliances — Evidence.</p> <p>In an action by an engineer and fireman of a factory against his employer, no recovery can be had by the plaintiff where it appears that the plaintiff was in the habit of removing ashes through an opening in the wall, that in doing so he stepped upon two boxes, one superimposed upon the other placed there by his predecessor, that the top box was not fastened to the lower box, and sometimes moved sideways, that plaintiff had complained to the superintendent who had promised to make steps, but failed to do so, that at the time of the accident plaintiff stepped upon the upper box and fell, receiving the injuries complained of, that it was no part of plaintiff's duty to use the opening in the wall for the removal of ashes, and that there was another way which he could have used with practically no loss of time.</p>