Surles v. Kistler

Citations

• 202 Pa. 289
• 51 A. 887
• 1902 Pa. LEXIS 508

Syllabus

<p>Negligence — Master and servant — Risk of employment — Defective floor.</p> <p>In an action by a woman against her employer, the proprietor of a laundry, binding instructions for the defendant are proper where the evidence shows that the plaintiff had been employed upon the premises for years; that at the time of the accident she was scrubbing a floor, and that in so doing her foot went through a hole causing the injury; that the floor was usually covered with racks which plaintiff had raised and set aside while scrubbing; that at the time of the accident there was nothing to indicate that the floor was unsafe to walk upon at the place where plaintiff was hui't; and that plaintiff’s statement that the floor gave way and her foot went through, was contradicted by other evidence to the effect that she stepped or slipped through a hole, used for discharging water at that point.</p>