234 Pa. 416 | Pa. | 1912
Opinion by
This is an appeal from the refusal of the court below to take off a judgment of compulsory non-suit. The plaintiff sought to recover damages for personal injuries inflicted by the fall of a plunger from an overhead crane. This plunger was a solid piece of steel, weighing twelve or fifteen pounds, working vertically through a hollow cylinder. It was attached to an arm at the top by means of two steel plates, through which ran a counter pin; and through this in turn at one end was inserted, solely for the purpose of keeping the counter pin in place, a small steel pin known as a cotter pin. At the time of the accident it appeared that the counter pin must have worked out of its place, for the plunger fell. Neither of'these parts was out of order in any way, and they were immediately restored to their places. The cotter pin, which had been in use was however missing. It must have come out, but whether by slipping or from breaking, was not shown; but as a result there was nothing to hold the counter pin in its proper place, and it in turn must have gradually worked out of its supports and permitted the plunger to fall. Between two and three hours before the accident, the craneman oiled the machinery, and observed that the cotter pin was then in place, and that it appeared to be rusty and was dirty and dusty. It
We agree with the court below that there was not sufficient evidence of any negligence upon the part of
The judgment is affirmed.