Papilios v. Best Manufacturing Co.
Papilios v. Best Manufacturing Co.
Opinion of the Court
Opinion by
The plaintiff was an employee of a contractor who had engaged to paint the ironwork in the defendant’s manufacturing plant, and while working along the runway of an electric crane, was injured by the crane moving on him and cutting off a part of his hand. He had considerable experience in working about electric cranes,
The owner of a building is liable for the negligence of his servants which causes an injury to the employee of a contractor at work in the building: Connelly v. Faith, 190 Pa. 553; Perry v. Payne, 217 Pa. 252; Metzger v. Cramp, 235 Pa. 17. The jury could fairly find from the evidence that the operator of the crane was guilty of negligence in not giving the plaintiff notice of a movement of that machinery in his direction, and the question of the plaintiff’s contributory negligence was fairly submitted to the jury: Thorson v. Carnegie Steel Co., 238 Pa. 166; Edsberg v. Baldwin Locomotive Works, 240 Pa. 614. I
The judgment is affirmed.
Reference
- Full Case Name
- Papilios v. Best Manufacturing Company
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Negligence—Master and servant—Employee of contractor—Case for jury. 1. The owner of a building is liable for the negligence of his servants which causes an injury to the employee of a contractor at work in the building. 2. In an action against the owner of a manufacturing plant by an employee of a contractor, to recover damages for personal injuries, it appeared that the plaintiff was injured while working as a painter along the runway of an electric crane. The evidence tended to show that the operator of the crane could have seen the plaintiff before moving the crane, if he had not been engaged in reading a newspaper. The operator had been notified by the plaintiff’s employer to watch out for the painters. No signal of starting the crane was given, and its movement was so quiet, that according to the plaintiff's testimony, he had no notice of its approach until too late to extricate himself from the dangerous place at which he was working. There was testimony that the plaintiff could have escaped by sliding down a column, if he had had sufficient warning. The plaintiff had had considerable experience in working about electric cranes. Held, that the whole question of defendant’s negligence, and plaintiff’s contributory negligence was for the jury, and that a verdict and judgment for plaintiff should be sustained.