Schneider v. Philadelphia Quartz Co.
Schneider v. Philadelphia Quartz Co.
Opinion of the Court
Opinion by
The plaintiff’s statement charged, in very general terms, a negligent, unsafe and unworkmanlike construction of the scaffolding from which the plaintiff fell. What it was that actually occasioned the fall from which plaintiff’s injuries resulted, can be gathered only from the evidence. The defendant company, for the purpose of building higher the brick walls of its manufacturing plant, had constructed a scaffolding about the building for the use of the workmen thus employed. The plaintiff had been engaged for ordinary labor, but, three days before the accident occurred, he had been directed to attend the masons in their work, as carrier of bricks and mortar. This required him, to carry these materials from the point where they were delivered on the scaffold, to the place where the masons were engaged on the wall, wherever this might be
But the case has another aspect equally fatal to plaintiff’s right of recovery. lie saw a fellow workman remove the boards, and continued thereafter to work on a place which had thus been made dangerous, without complaint or remonstrance. Neither employer nor anyone representing him had ordered the change, or had any knowledge that it had been made. It is idle to say by way of excuse that defendant, because of inexperience in such work, did not know that work under such conditions was not attended with risk. He knew that he had but two feet of standing room, whereas before he had six, and with his three days’ experience, he must have known what standing room was required for safety. He admits that he knew greater width was deemed necessary at the two ends than for the run-way over which he was to carry his load, and yet he continued his work at a point where the greater width was required, after it had been reduced by the width of a board below that of the run-way. The case called for the application of the rule we have so often declared, that a servant who has had full opportunity of knowing the danger and risk and makes no complaint to his employer as to the danger to which he is exposed, but continues to work voluntarily notwithstanding, assumes the risk of injury from the danger to which he is exposed. The assignments of error are overruled.
Judgment is affirmed.
Reference
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- Schneider v. Philadelphia Quartz Company
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- Syllabus
- Negligence — Master and servant — Fellow servant — Bisk of employment —Danger as work progresses — Scaffold. When the work of a servant is of such a character that the environment of the servant as the work progresses necessarily undergoes frequent changes, the m'aster is not bound to protect the servant engaged in it against dangers resulting from such changes. It is sufficient if he provide against such dangers as may possibly or probably arise and give the workmen the means of protecting themselves. A servant who has had full opportunity of knowing the danger and risk of his ^employment, and makes no complaint to his employer as to the danger to which he is exposed, but continues to work voluntarily notwithstanding, assumes the risk of injury from the dangers to which he is exposed. In an action by a man employed to carry bricks and mortar to masons on a scaffolding, against his employer, to recover damages for personal injuries, a nonsuit is properly entered, where the plaintiff testifies that the scaffolding where he had been at work was of a width of five or six boards each a foot wide; that about an hour before the accident occurred a fellow workman removed three of the boards, and carried them to the other end of the scaffold; that he saw him do it, and that for an hour thereafter he worked on two boards instead of the five or six on which he had been working; and that as a result of the insufficiency of the space he fell in the course of his work, and was injured. In such a case the defendant was under no obligation to meet the changing conditions of danger as the work progressed; and the plaintiff assumed the risk in continuing the work without complaint, after he knew of the obvious danger.