Reilly v. Reilly
Reilly v. Reilly
Opinion of the Court
Opinion by
Plaintiff, who was employed as a foreman in the erection of St. Mary’s College, went on a swinging scaffold to inspect the work of two bricklayers. He had been
The trial judge submitted to the jury the question of the defendant's negligence in not providing a safe place to work, and the important matter for their consideration was the manner of construction of the guard rail. The scaffold was about thirty feet in length, made from a ladder with a board laid across the rungs, the width thereof. On the side of the ladder away from the wall was attached a guard rail, held in place by three uprights, two nailed at either end of the ladder and one in the center. Two horizontal boards, about three to three and one-half feet above the level of the scaffold, constituted the handrail, they were nailed to these uprights, each extending from the center one to the one at each end of the ladder. The scaffold was supported by ropes running from its end to the roof; it was not tied to the wall. The purpose of the guard rail was to keep men from falling when the scaffold swayed (bricklayers being obliged to stand in the performance of their work), and its strength for this purpose depended on the manner of its attachment to the ladder. The uprights were nailed against an oval or round side of the ladder. There were no other fastenings or braces to keep the guard rail firm when pressure was applied against it. Neither the appellee nor the workmen under him assisted in the erection of the scaffold; the superintendent performed this work. No inspection of it was made by the appellee and there was nothing from a general observation of the scaffold to indicate that the guard rail was not properly secured to the ladder.
The nondelegable duty devolved on the master to furnish a reasonably safe place to work, and the superintendent merely took the master's place in the performance of this duty. The servant had a right to expect that
The judgment of the court below is affirmed.
Reference
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Negligence — Master and servant — Safe place to worlc — Scaffolding — Insecure guard rail. 1. Where the superintendent of a building contractor, erects a scaffold upon which the workmen must stand at their work, and attaches to the Scaffold a handrail in an insecure manner, but in such a way that the insecure construction is not obvious, a workman, who without knowledge of the defect, grasps the rail when the scaffold lurches from some unknown cause, and is thrown by the rail giving way, may recover damages from his employer for injuries which he sustained by the fall. 2. In such a case the duty devolved upon the master to furnish a reasonably safe place to work, and the superintendent merely took the master’s place in the performance of the duty. 3. Where a scaffold is unsafe because of one or more of these reasons, it is immaterial whether it is unsafe through faulty or unsuitable material or in its construction.