Hagan v. Delaware River Steel Co.
Hagan v. Delaware River Steel Co.
Opinion of the Court
Opinion by
This case was brought to recover damages for the loss of the life of Isabella Hagan. On the evening of February 12, 1910, at about 7 o’clock, Mrs. Hagan and a,n adult sister went to the iron and steel mill of the de
We cannot see wherein negligence toward the deceased woman was proved; moreover, had she continued on the regular path which led to the active part of the plant, or even had she stayed on the path which she took, the accident could not have happened. As explained by one of her witnesses, “This pit had plates on it. If you kept on the path you would be all right. This girl must have stepped to the right three or four feet, because one of these plates was off. That is where we^séen her when we looked that night.” Counsel for
“Invitation is inferred where there is a common interest or mutual advantage, while a license is inferred where the object is the mere pleasure or benefit of the .party .using it”: Curtis v. DeCoursey, 176 Pa. 446, 450. There is nothing in the. evidence to indicate that the opening through- which the deceased fell, was unneces
But the appellant contends that certain testimony of-, fered for the purpose of showing that outsiders were permitted in the defendant’s plant at night should have been admitted. The material part of this assignment shows the following question put to one of the workmen in the defendant’s plant, and the ruling thereon: — “Q. Do you or do you not know whether or not people outside of the employees at night time were permitted to go through and around-these works where this path was?” This was objected to, the objection was sustained, and an exception was granted to the plaintiff. The trial judge had previously given counsel for the plaintiff permission to show that the witness saw people using the paths in question, and many of the witnesses did tell
The assignments are all overruled and the judgment is affirmed.
Reference
- Full Case Name
- Hagan v. Delaware River Steel Company
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- Syllabus
- Negligence — Care of premises — Open pit — Duty toward licensee —Evidence—Nonsuit. 1. In an action to recover damages for death, it was held that.a nonsuit was properly entered where it appeared that plaintiff’s decedent, a woman, for purposes exclusively her own, gained admission after dark to the plant of a large and partially unused steel works, to find her father who was a workman employed at the further end of the plant, and being unfamiliar with the surroundings started down a path which, if pursued, would have led her in safety to her destination, but wandered from the path and followed a track in the snow leading to an abandoned section of the plant, where she fell into a deep pit in the darkness, receiving injuries which caused her death. If the decedent were a trespasser, she took the risk of injury unless wantonly or intentionally inflicted, and if she were a licensee, no negligence was shown and the entry of a nonsuit was proper. 2. In such case the court committed no error in striking from the record testimony to the effect that the decedent had been instructed by a watchman as to the direction in which she should go, where' there was no evidence whatever to show what, if any, authority the watchman had to admit strangers to the plant under such circumstances. 3. In such case the court committed no error in excluding testimony tending to show that people not employed in the plant were allowed to go through the same at night along the path taken by the decedent, where there was no claim made that the decedent had any knowledge whatever of any such use of the path, or had relied upon the fact that it- was open to outsiders.