Supreme Court of Pennsylvania, 1904

Durst v. Bromley Bros. Carpet Co.

Durst v. Bromley Bros. Carpet Co.
Supreme Court of Pennsylvania · Decided April 11, 1904 · Brown, Dean, Fell, Mestrezat, Mitchell, Potter, Thompson
208 Pa. 573; 57 A. 986; 1904 Pa. LEXIS 803

Durst v. Bromley Bros. Carpet Co.

Opinion of the Court

Per Curiam,

The plaintiff’s husband voluntarily undertook to help in a work of manifest danger. That alone would bar a recovery. But in addition to this, it appears that the primary cause of the accident was the slipping of the pipe out of the deceased’s hands, thus throwing the weight on him and knocking him into the vat. If this was not the result of his own carelessness in handling the pipe, it certainly did not show any negligence on the part of defendants.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.