Weaver v. Wohlsen

Citations

• 254 Pa. 375
• 98 A. 1078
• 1916 Pa. LEXIS 737

Syllabus

<p>Negligence — Master and servant — Proof of negligence — Defective ladder- — Fall—Nonsuit.</p> <p>1. Where an employee institutes proceedings for damages based upon negligence upon the part of his employer it is not sufficient to entitle him to recover by merely proving the fact of an accident and consequent injury. There must be affirmative proof of a negligent act of either omission or commission on the part of -the employer which was the cause of the accident.</p> <p>2. In an action by.an employee against an employer where the alleged negligence is due to defects in tools, machinery or appliances used in the course of the employment, plaintiff does not meet the burden of proof cast upon him of establishing negligence upon the part of his employer by merely showing an existing imperfection at the moment of the accident; it must be shown further that the master was aware of the flaw or w'ould have known of it if reasonable and proper inspection had been made.</p> <p>3. Where a defect arises in the course of the use of tools or appliances the master is not responsible for such defect in the absence of proof of sufficient time and opportunity to discover the flaw.</p> <p>4. In an action by an employee against a building contractor to recover damages for injuries sustained as a result of a fall from a ladder induced by a defective rung upon which plaintiff was standing and which gave way, a compulsory nonsuit was properly entered where there was no evidence to show when the rung which caused plaintiffs fall became loose, and no other evidence, either actual or constructive, of notice to the defendant of any defect either in the material used or in its construction, and particularly where it appeared that others of defendant’s employees had used the ladder with safety shortly before the accident.</p>