Folk v. Schaeffer
Folk v. Schaeffer
Opinion of the Court
Opinion by
When the record of a previous trial of this case was before us the judgment was reversed because of the admission of what we considered irrelevant testimony, but we then expressed the opinion that the case could not have been taken from the jury. See 180 Pa. 613. The testimony at the second trial was substantially the same as that at the first, and all of the specifications of error relate to the refusal of the court to give peremptory instructions for the defendants.
Tho question of contributory negligence was one for the jury. The court could not have declared that the plaintiff was negligent in standing where he did on the platform. He testified that he was where he should have been in order to place the hood on the stack when it was raised to the proper height. That one of the other ropes had a few minutes before become slack was notice to him at that time that, there was danger of some kind, and he stopped the men engaged in raising the hood and tightened the rope. Whether the slacking of that rope was due to the slipping of the knot in the main guy or to some unexplained cause was not made clear at the trial, and the plaintiff could not, in the emergency which suddenly arose, have been charged with knowledge of impending danger. Whether
The judgment is affirmed.
Reference
- Full Case Name
- Richard B. Folk v. Lewis Schaeffer, William S. Merkel and John Bertolette, trading as Schaeffer, Merkel & Co.
- Cited By
- 10 cases
- Status
- Published
- Syllabus
- Negligence — Contributory negligence — Province of court and jury. In ail action by a workman against liis employers, a partnership, to recover damages for personal injuries, it appeared that the plaintiff at the time of the accident was on an elevated platform assisting in placing a hood on the top of a smokestack. The work preliminary to hoisting the hood was done under the supervision of one of the defendants, who gave directions as to the size of the timber to be selected from a pile in the yard, as to the ropes to be used for guys, and who tied the knot which slipped and caused the accident. While there was no direct proof of want of care in tying the knot, yet it could have been made secure without difficulty. Plaintiff testified that he stood in the proper place to adjust the hood on the stack when it was raised to the proper height. It appeared that one of the other ropes had a few minutes before become slack, and he stopped the men engaged in raising the hood, and tightened the rope. Held, (1) that under the circumstances shown by plaintiff the burden was on the defendants to prove that due care had been used, and that in the absence of any explanation the jury might infer want of care; (2) that plaintiff could not in the emergency which suddenly arose have been charged with knowledge of impending danger.