Barber v. John C. Kohler Co.

Opinion by

Mr. Justice O’Brien,

This action of trespass was brought by appellant, Barber, to recover damages for injuries sustained by plaintiff in an accident on September 16, 1964. Defendant-appellee’s preliminary objections were sustained and judgment entered in favor of defendant. The case is before us on appeal.

Plaintiff’s complaint alleges that on September 16, 1964, while working upon a scaffold approximately three feet above ground level, he fell from the scaffold into an open hole which was in excess of sixteen feet in depth. Plaintiff alleges that defendant was negligent in failing to…