Trotter v. E. I. Dupont de Nemours & Co.
Trotter v. E. I. Dupont de Nemours & Co.
Opinion of the Court
delivered the opinion of -the court.
This action was brought by Trotter against the defendant to recover damages for injuries received by him by the fall of a scaffold, erected by the defendant, and which the plaintiff was using in the course of his employment as the servant of the defendant at the time the injury was inflicted. The defendant offered no evidence, but at the conclusion of the plaintiff’s evidence demurred thereto. The trial court sustained the demurrer and entered judgment for the defendant, and to that judgment this writ of error was awarded.
On the oral argument in this court, counsel for the defendant abandoned the defense, of the contributory negligence of the plaintiff, and relied upon the defenses (1) that the defendant was not guilty of any actionable negligence, (2) that if it was negligent at all, its negligence was not the proximate cause of the injury complained of, and (3) that the plaintiff assumed the risk of the danger resulting in his injury.
It was earnestly insisted by the counsel for the defendant in error that the scaffold was strong enough to support two men as long as they were working on it and that it only broke when the plaintiff caught it in falling. The plaintiff, while testifying on this subject, said that two men had been on the scaffold at the same time, but he distinctly states that they both were not on that section at the same time.
If, upon this evidence, the jury had found that the defendant was negligent in the construction of the scaffold, we could not say that their finding was without evidence to support it.
In the case from which we have quoted, a horse was driven in the night-time across a bridge upon which there was no handrail, and was stopped after he had safely crossed the bridge and gotten fourteen feet beyond it. He then took fright and backed over the side of the bridge, causing the injury complained of. The court held that the lack of a proper handrail was the proximate cause of the injury. In arriving at this conclusion, the court announced several propositions which are stated in the headnote to 51 Am. .St. Rep., supra, as follows:
“Township authorities are bound to know that a bridge may be crossed by a spirited horse in the night-time, and that such horse may take fright; and if, by neglecting to place a guardrail upon such bridge, an injury results from the fright of such horse, their neglect is the proximate cause of the injury, and the township is liable therefor.
“Township authorities are bound to foresee, and reasonably provide against, common danger to ordinary travel on the highway. The fright of a spirited horse, and that his conduct when in fright may be unreasoning, insane and unlocked for, are common dangers which should be expected. Such authorities cannot excuse their negligence in failing to erect a guardrail upon a bridge, or make it the remote cause of an injury, by asserting that they could not foresee a particular freak of conduct in a frightened horse.
“If township authorities neglect to place guardrails, upon
In Standard Oil Co. v. Wakefield, 102 Va. 824, 47 S. E. 830, 66 L. R. A. 792, it was held that “in order to excuse a party guilty of negligence on account of the intervening act of another, the intervening act must be the superseding or responsible cause of the injury. The liability is. not averted if the act relied upon is one which might, in the natural or ordinary course, be anticipated, and the defendant’s negligence is an essential link in the chain of causation. In such cases defendant’s negligence is the efficient and proximate cause of the injury.”
There are many cases to the same effect. See mono-graphic note, 36 Am. St. Rep. 807-852. The precise form of the injury need not have been foreseen. It is enough if, after the injury has been inflicted, it can be seen that it was a natural and probable result of the negligent act complained of. “When the act complained of was such that, in view of all the circumstances, it might not improbably cause damage of some kind, the doer of the act cannot shelter himself under the defense that the actual consequence was one which rarely follows from that particular act.” 36 Am. St. Rep. 810, and cases cited. We do not understand counsel for the defendant in error to controvert this proposition, but he insists that, master cannot be held liable because its negligence, if any, was “merely a condition, as opposed to the efficient cause of the injury,” to-wit, the taking hold of the upright piece of timber by the plaintiff under the circumstances hereinbefore detailed. The weakness of the scaffold, as shown by the testimony of the
“Then I would say, gentlemen, any responsible man that would erect a scaffold for a man to work on that high from the ground—that it was absolutely an inadequately built scaffold. Now, if he had reversed his timbers and had a 2x4 upright with a 1x4 bracket—that 2x4, in the technical term of building, is called a bracket—that would have held all of the weight, if it wasn’t three feet long, that one man or two men would have put on it; but not with the vibration of twelve feet of 1x4 board; it is entirely inadequate; it don’t make any difference how it was put up; I would say that any ordinary man would have broken it under almost any circumstances.”
The scaffold was built for utility, not to walk on in the most careful and guarded manner; it may have been adequate for the latter purpose. The defendant knew that the work to be performed by the plaintiff was above his head, that he had to use-a wrench to unscrew and tighten pipes for the purpose of inserting the conduitlet at the proper places, and that while doing so he had to stand upon this scaffold. It also knew, or was chargeable with knowledge, of the character of work the plaintiff was called upon to perform. The plaintiff describes the work to be done as follows:
“You work conduits anywhere from three-inch pipes down to half-inch, and, in doing this, you have to thread your own pipe, cut it arid handle it, and it requires quite a bit of strength to thread a two-and-a-half-inch pipe or a one-inch pipe; in fact, when you go to do it, you have to get up on your die and push down.” While the breaking of the conduitlet w,as a very unusual occurrence and was not to be anticipated, still the work of the plaintiff as described by him would necessarily cause more or less vibration of the scaffold, and it should have been so constructed as to have
Upon the whole case, we are of opinion that the trial court erred in sustaining the defendant’s demurrer to the plaintiff’s evidence, and for this error its judgment must be reversed, and this court, proceeding to enter such judgment as the trial court should have entered, will enter judgment in favor of the plaintiff against the defendant for the sum of $10,000.00, with legal interest thereon from December 11, 1917, the date of the verdict, until payment, and for the costs.
Reversed.
Reference
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- Trotter v. E. I. Dupont de Nemours and Company
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- Syllabus
- 1. Declaration—Amended Declaration—Whether Admissions in Former Declaration Binding.—Plaintiff filed a declaration to which defendant demurred. Before the demurrer was passed upon, plaintiff filed an amended declaration to which defendant also demurred. Before this demurrer was passed upon, plaintiff filed a second amended declaration. There was a demurrer to this second amended declaration which was overruled. The third declaration was intended as a substitute for the other two, and the case was tried upon the third declaration., Under such Circumstances, the case stood as though ■the first and second declarations had not been filed so far as it related to the mere statement of facts, and did not affect the question of making a new case or the statute of limitations, and plaintiff was hot bound by the allegations as to how the accident happened contained in the first two declarations. 2. Demurrer to the Evidence—Appeal and Error.—Upon a demurrer to the plaintiff’s evidence, no question about conflict of evidence arises, but the appellate court can only consider whether or not it would set aside a verdict in favor of the plaintiff, as without evidence to support it, if it had been found by the jury, and, in so considering the truth of the plaintiff’s evidence and all inferences therefrom favorable to the plaintiff, which the jury might have fairly drawn therefrom, is admitted. If such a verdict would not have been set aside, the demurrer to the evidence should have been overruled. 3. Master and Servant—Injuries to Servant—Defective Scaffold.— Plaintiff, the servant of defendant corporation, was injured by the collapse of a scaffold erected by defendant and upon which plaintiff was set to work by defendant. There was evidence that the scaffold was built of old materials, that the scaffold was “absolutely an inadequately built scaffold” and that “any ordinary man would have broken it under almost any circumstances,” and other evidence of negligence in the erection of the scaffold. Held: That if upon the evidence the jury had found that the defendant was negligent in the construction of the scaffold, it could not have been said that their finding was without evidence to support it. 4. Master and Servant—Safe Place to Work—Safe Tools and Utensils.—It is one of the non-assignable duties of the master to use due care to furnish the servant a reasonably safe place in which to work, and reasonably safe tools and utensils with which to work, and if he fails to do so he is liable to the servant for injuries proximately resulting to such servant from such failure. -5. Master and Servant—Proximate Cause—Injury to Servant from a Fall From a Scaffold.—In the instant case, it appeared that the weakness of the scaffold consisted in its inability to withstand vibration. Plaintiff who was at work erecting and placing conduits and conduitlets for the transmission of electricity, lost his balance when a conduilet broke—-an exceedingly unusual occurrence—staggered, reached out and took hold of a timber supporting the scaffold and the scaffold collapsed and plaintiff was thrown and received the injuries of which he complains. Held: That the taking hold of the piece of timber in this manner and under these circumstances did not supersede the negligence of the defendant in constructing the scaffold, and such negligence was the proximate cause of the injury complained of. 6. Master and Servant—Assumption of Risk—Case at Bar.—In the instant case the plaintiff was under no obligation to inspect the scaffold upon which he had been directed to work by defendant. He had the right to assume, when put to work on the scaffold, that it was in a reasonably safe condition, and in order to charge him with knowledge of the defect on account of its obvious character, the defect and the danger therefrom must have been so unquestionably plain and clear that if he did not see it, he must necessarily have been at fault. This could not be said of plaintiff. The scaffold was ninety feet long and at the end where plaintiff went upon it, nearly ninety feet from the weak spot in the scaffold which gave away and caused the injury, the scaffold was safely constructed; therefore, the risk was not assumed by plaintiff.