Lee v. Woolsey
Supreme Court of Pennsylvania
This was an action on the case, by S. S. Lee against James Woolsey, to recover damages for personal injuries received while in the employ of the defendant. On the trial, before Hand, J., the evidence on behalf of the plaintiff showed the following facts : The plaintiff was in the employ of the defendant, who was one of the contractors for the erection of the Academy of Music. It was plaintiff’s duty to work preparing the roof of the building, which was not yet put up.
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This was an action on the case, by S. S. Lee against James Woolsey, to recover damages for personal injuries received while in the employ of the defendant. On the trial, before Hand, J., the evidence on behalf of the plaintiff showed the following facts : The plaintiff was in the employ of the defendant, who was one of the contractors for the erection of the Academy of Music. It was plaintiff’s duty to work preparing the roof of the building, which was not yet put up. On the day of the injury he was engaged with others in raising the jack-rafters to the upper floor of joist, which was in…
1Opinion of the CourtJustice Trunkey
At the time of the accident the plaintiff was engaged in dangerous work, most of the circumstances of which are stated in the opinion of the court below on refusing the motion to take off the nonsuit. Had the learned judge put more stress on the conduct of the defendant it is probable that he would have submitted the case to a jury. The testimony warrants belief that while the work was in progress the defendant went to the men on the upper floor, complained of slow performance, and ordered the men to “go ahead and get the stock up;” that prior to that occasion the men removed the planks…
2Cited by11 opinions
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- Viohl v. North Pacific Lumber Co.Oregon Supreme Court · 1905
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