Ingram v. Lehigh Coal & Navigation Co.
Ingram v. Lehigh Coal & Navigation Co.
Opinion of the Court
We do not think it was error in the learned judge below to direct a verdict for the defendant. Upon the undisputed evidence it appears that the accident to the plaintiff was the result of the negligence of his fellow servant.
And whether or not the plaintiff violated his instructions in carrying an open lamp on the night in question, it clearly was negligence on his part to approach a place of danger in the dark. An open lamp was likely to be blown out by the wind. A person of ordinary prudence would have taken a lantern, which is not affected by the wind. Having taken an open lamp, and the wind having extinguished it, it would have been the part of prudence to have relighted it, or procured a lantern before he ventured to pass a place of known danger.
Judgment affirmed.
Reference
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- Syllabus
- Negligence — Fellow servants — Foreman of carpenters and night watchman. Where a night watchman is injured by falling through an opening left by carpenters working under the charge of a foreman in the employ of the same corporation, there can be no recovery against the common employer, as the accident is the result of the negligence of a fellow servant. Contributory negligence — Approaching place of danger in the dark. It is contributory negligence to approach a place of danger in the dark. Whether so instructed or not, a person of ordinary prudence would carry a lantern rather than an open lamp in a place exposed to the wind. Having taken an open lamp, and the wind having extinguished it, it would have been the part of prudence to have^ relighted it, or procured a lantern, before venturing to pass a place of known danger.