Thorson v. Carnegie Steel Co.

Citations

• 238 Pa. 166
• 85 A. 1114
• 1913 Pa. LEXIS 940

Syllabus

<p>Negligence — Master and servant — Contributory negligence— Failure to guard — Act of May %, 1905, P. L. 85%.</p> <p>In an action by an employee against a steel company to recover damages for injuries sustained through being struck by a moving crane while walking on the crane track near the roof of the building in which plaintiff was working, the ease is for the jury where there is evidence to show that it was necessary for the plaintiff to be on the crane girder or track at the time he was injured; that before he started he looked down the track and saw that the crane was not in motion and that no one was in the cage; that he was struck by the crane after walking ten or twelve feet on the track; that the general noise of the mill prevented plaintiff’s hearing the noise made by the crane as it approached him from the rear; that employees of the defendant company at times walked over the crane track; that it was the duty of the foreman in charge to give notice to the crane-man that the appellee would in all probability be on the crane girder or track, and that there should be a lookout for him; that the foreman fáiled to give such notice, and that the appellee had not been instructed as to the crane call whistles and the other signals used in the mill; and that although there were safety devices in use on cranes identical in construction with the one which ran over the plaintiff, there were none on it.</p>