Nuss v. Rafsnyder
Supreme Court of Pennsylvania
Appeal, No. 239, Jan. T., 1896, by defendant, from judgment of C. P. No. 4, Pbila. Co., March T., 1894, No. 207, on verdict for plaintiff. Trespass for personal injuries. Before Willson, J. At the trial it appeared that defendant was the ownei of real estate in Philadelphia, and was erecting thereon a number of three story houses.
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Appeal, No. 239, Jan. T., 1896, by defendant, from judgment of C. P. No. 4, Pbila. Co., March T., 1894, No. 207, on verdict for plaintiff. Trespass for personal injuries. Before Willson, J. At the trial it appeared that defendant was the ownei of real estate in Philadelphia, and was erecting thereon a number of three story houses. The American Cornice Company had a contract with the defendant to construct the cornices on the, buildings, the defendant agreeing to furnish the scaffolding necessary for the work. The plaintiff and one Krimmel were employed upon the scaffold by the Cornice…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
It was the duty of the defendant to erect a suitable scaffold on which the plaintiff could properly and safely perform the work he was sent to do, and the first question to be considered in the case is whether this duty was discharged. The plaintiff submitted evidence tending to show that it was not, and that the neglect to discharge it was the cause of his fall. A part of this evidence was descriptive of the manner in which scaffolds were usually constructed for the performance of such work as the plaintiff was required to do and was to the effect that…
2Cases cited2 opinions
- Brossman v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1886
- Bemisch v. RobertsSupreme Court of Pennsylvania · 1891
3Cited by4 opinions
- Bowen v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1908
- Masterson v. EldridgeSupreme Court of Pennsylvania · 1904
- Stitzel v. A. Wilhelm Co.Supreme Court of Pennsylvania · 1908
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