143 Ky. 342 | Ky. Ct. App. | 1911
Opinion op the Couet by
Reversing.
W. S. Skinner was in the employ of the Cincinnati, New Orleans & Texas Pacific Ry. Co., doing general carpenter work. While engaged with another carpenter, named Murphy, in building a stairway" in a building in Cincinnati, belonging to.said company, he fell and injured one of his ankles, so that he was. incapacitated for work for some time. Alleging that Eis injury was due to the negligence of his employer, he brought suit in the Scott Circuit Court, the home of his residence, to recover damages for the injury which he alleged he had sustained.
The grounds relied upon for reversal are, first, that the court erred in refusing to give a peremptory instruction at the close of plaintiff’s evidence; or second, if not entitled to a peremptory, that the court misinstrueted the jury as to the measure of damages.
Prom plaintiff’s testimony it appears that he and a man named Murphy, who was somewhat his senior, were engaged in building a staircase from the ground to the second floor of the depot building. The horses had been cut and put' in place and the steps prepared and placed in position. Plaintiff had gone up to the top of the steps to secure the hand railing in its proper place. His assistant, or co-worker, Murphy, was at the time engaged at something else. It appears that, after plaintiff went to the top of the steps, Murphy removed the bottom step, which had not been nailed, and left a hammer and some nails, and perhaps some other tools, on the floor near the bottom step. In descending plaintiff stepped or jumped upon this hammer, which caused his foot to turn, thereby causing the injury complained of.
The first of the three particulars relied upon to constitute the negligence set up in his petition is, that the place where he was required to work was insufficiently lighted. It appears that the foot of the stairs was near a large door, some eight by ten feet, opening out of the building. This door at the time was open, and afforded such light as was to be had from the street. Plaintiff testified that in ordinary weather the light from this door was sufficient' to have enabled him to carry on his work; but he insists that upon the day upon which he was injured the weather was murky and cloudy and the light insufficient. The building was wired with electric
His real cause of complaint is that he was required to work where the light was so poor as to make it an unsafe place. His own testimony upon this point is very unsatisfactory. But adopting that view of it most favorable to him, what are his'rights? No principle of law is better settled than that, where one of mature age and experience voluntarily accepts employment in a place or business, he is presumed to have contracted with reference to the risks and hazards of such business, and he is chargeable with knowledge of the various conditions under which the. employment is conducted, and with the
The peremptory should have been sustained; and if, upon another trial the evidence is the same, or practically the same, as upon the last, a peremptory should be given.
Judgment reversed and cause remanded for further proceedings consistent herewith.