Pilling v. Narragansett Machine Co.

Pee Cubiam.

The plaintiff while in the employment of the defendant was injured by the toppling over on to him of a pile of lumber. At the time of the accident he was engaged in piling boards for the flooring of bowling alleys alongside of the lumber which fell. The Common Pleas Division non-suited the plaintiff on the ground that he was guilty of contributory negligence. We think the court erred in so doing. It was not shown that the plaintiff was sufficiently acquainted with the piling of lumber to know that lumber piled as this was, without cross-pieces to bind the pile together, was liable…