Lee v. Electric L., H. & P. Co.
Supreme Court of Pennsylvania
Lee v. Electric L., H. & P. Co., 140 Pa. 618 (Pa. 1891)
21 A. 405; 1891 Pa. LEXIS 881
Clark, Green, McCollum, Mitchell, Paxson, Sterrett, Williams
Lee v. Electric L., H. & P. Co.
Opinion of the Court
The learned judge below declined to affirm the defendant’s point, and submitted the question of negligence to the jury. He could not properly have done otherwise. It was for the jury to say whether the plaintiff was guilty of negligence in not moving the ladder, and whether the defendant company was negligent in not having the brace secured. These were questions which, under the evidence, the jury had a right to pass upon.
Judgment affirmed.
Reference
- Full Case Name
- HORTON LEE v. ELECTRIC L., H. & P. CO.
- Cited By
- 1 case
- Status
- Published
- Syllabus
- (a) A lineman, in the employ of an electric light company, sent aloft in the power-room to shift a sling to be used in swinging a heavy shaft into its place, ascended by a ladder at the end of the building, and, passing along a beam leading to the sling, was thrown to the floor by the loosening of an upright brace supporting the roof upon the beam, and was injured: 1. Under evidence that the company had knowledge of the defective brace, and suffered the defendant to use the method he followed to reach the sling without warning, and that plaintiff could have used the ladder to reach the sling directly, but did not, the questions of the defendant’s negligence and of the plaintiff’s contributory negligence were for the jury-