158 Pa. 120 | Pa. | 1893
We do not see how this cause could have been taken from the jury. The plaintiff was engaged strictly in the performance of his duty at the time of the accident, in the very manner in which his duty was to be performed. While it must be conceded that the plank walk over the pit containing the shaft was somewhat dangerous while the barrier was removed, it can hardly be said to have been imminently dangerous, so that no
Judgment affirmed.