Dellasala v. Josephine Furnace & Coke Co.
Dellasala v. Josephine Furnace & Coke Co.
Opinion of the Court
Opinion by
The plaintiff’s husband was an employee of the defendant company. His appointed work was that of pipe fixer, the keeping in repair the various pipes throughout the furnace. He had been an assistant in this work for about two years, and had become chief pipe fixer about two weeks before the accident occurred. On the morning of the accident he reported to his superior that a spray pipe that extended around the furnace proper at an elevation of about forty feet from the ground, and which he had assisted to put in place, was out of order, stopped up, and asked for assistance to make the repairs required. Two men were assigned him for the work, and a third was directed to accompany these for general service. First a ladder was put in place by which the defective pipe was to be reached and upon which the workman was to stand while making the repairs. This ladder rested below on what is called a bustle pipe three feet in diameter and about twelve feet from the ground, where it was steadied by two men, one on either side, and extended up alongside the jacket of the furnace against which its top rested. It was while the plaintiff’s husband was employed at the top of the ladder that he fell to the ground and met his death. The theory advanced by the plaintiff, well sustained by the evidence, was that the fall resulted from his being overcome by the gas that escaped from the furnace. The negligence charged to the defendant company was, (1) failure to provide a bridge or scaffold on the wall of the furnace
The rule here expressed can be applied quite as appropriately to the plaintiff’s second contention. Accepting the theory of the plaintiff that the cause of the accident was the presence in the furnace, at the point where the employee was engaged, of escaped gas in large quantities which overcame the employee, the fact is made clear
The judgment is reversed, and judgment is now entered for the defendant.
Reference
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- Dellasala v. Josephine Furnace and Coke Co.
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- Syllabus
- Negligence — Master and servant — Assumption of risk — Binding instructions. 1. A charge of negligence in failing to provide a bridge or scaffold on which a workman may stand while preparing a furnace, so that ■ he is obliged to use a ladder and suffers injuries in consequence of a fall therefrom, is not sustained where there is nothing in the evidence that connects the accident with any defect or want of sufficiency in the ladder, with the use of which the workman was perfectly familiar. 2. Where risks incidental to employment, which are quite as well understood by the employee as by the employer, are incurred by the employee, and from his familiarity with such risks such employee is equally able to measure the danger with his employer, no liability will attach to the employer for injuries sustained by the employee in consequence of exposure to such risks. 3. In an action of trespass to recover damages for the death of plaintifE’s husband, who had been employed by defendant as a pipe fixer, it appeared that deceased had been directed to repair a pipe extending around a furnace at an elevation of about forty feet from the ground; that to reach this pipe he stood on a ladder which rested on a pipe about twelve feet from the ground where it was steadied by two men; that at the point where deceased was working there were large quantities of escaped gas; that he had made two trips and was only able to remain at the top of the ladder ten minutes when he was overcome by gas; that on his second trip he was compelled to lie down for three quarters of an hour; that other workmen had been made sick by the gas, which deceased well knew; that in his third attempt deceased again sickened at the top of the ladder and fell to the ground, sustaining injuries which caused death. Held, that deceased had voluntarily assumed the risk and that the court should have directed a verdict for defendant.