Zuraw v. Hammermill Paper Co.

Citations

• 232 Pa. 544
• 81 A. 654
• 1911 Pa. LEXIS 759

Syllabus

<p>Negligence — Master and servant — Safe place to work — Manifest danger — Assumption of risk — Nonsuit.</p> <p>In an action for damages for personal injuries a nonsuit is properly-entered where it appears that the plaintiff had been employed for over two months as one of a gang of men working at night in unloading pulp wood from flat cars into a shed at defendant’s plant, in which operation it was necessary for the gang to push the empty cars out of the shed by hand; that in the course of the work, the floor on either side the tracks became littered with bark and rubbish, which was cleaned up from time to time so as not to obstruct the track; that the space between the cars and the shed was very narrow and not a fit place to walk, and not intended or suffered by the defendant to be used for that purpose; and that the plaintiff, when he tripped on the rubbish and was injured by the wheels of a car which was being pushed out was around in front of the car and on the side next to the shed.</p>