Carnagie v. Penn Bridge Co.

Supreme Court of Pennsylvania October 31, 1900

Carnagie v. Penn Bridge Co., 197 Pa. 441 (Pa. 1900)

47 A. 355; 1900 Pa. LEXIS 760

Blown, Cubiam, Fell, McCollum, Mesteezat, Mitchell, Pee

Opinion of the Court

Pee, Cubiam:,

In this case the court below on the defendant’s motion entered a compulsory nonsuit. It was followed by the plaintiff’s motion to take it off, which motion upon due consideration was discharged. In this action of the court we find no error. There was no evidence to support a charge of negligence against the defendant, and if there was any negligence in the case, it was that of the plaintiff or his coemployee.

Judgment affirmed.

Reference

Full Case Name: Carnagie v. Penn Bridge Company
Status: Published
Syllabus: Negligence—Fellow-servant—Risk of employment—Master and servant. In an action by an employee against his employer, a bridge company, to recover damages for personal injuries, a nonsuit is properly entered where it appears that at the time of the accident and for several days prior thereto, plaintiff was engaged with other workmen in taking down braces or bents which constituted the false work oí a bridge; that this was done by a workman standing on one bent and removing the bplts from the next bent; that plaintiff had loosened a bent, and had tried to push it off, but being unable to do so, the boss ordered him to sit down and push it off with his feet; that he did so, when it “ kicked up ” and struck the bent upon which he was sitting, knocking it down and injuring him severely; that plaintiff had been instructed in the work, and that the appliances were in proper condition, and such as were in common and general use in the business.