199 Pa. 519 | Pa. | 1901
Opinion by
The allegations of negligence contained in the statement are that the plaintiff, an employee, was required to work in an unsafe and unsuitable place, and was put in charge of an incompetent foreman, by reason of which a bank of clay fell upon and injured him. The proofs at the trial were as follows. The plaintiff was employed to dig clay. He was forty-five years of age, and had been in the employ of the company for four years, and for more than a year had been digging clay at the bank where he was injured. He was directed by the foreman to dig a trench about eight feet wide and thirty feet long, from the face of the bank through a bed of clay. On beginning this work he sloped the rear bank of-the trench, and when directed to keep it vertical and to throw the clay by undermining it, he objected on the ground that it was dangerous to work in this way, and was assured by the foreman that there was no danger. After working a few days he asked the foreman whether it would not be better to use a prop to support the bank, and was again assured that there was no danger. When injured he was standing between the bank which he had undermined and the end of a cart into which he was shoveling clay.
His regular employment was to dig clay by undermining the bank. In doing this work supports of clay were left at intervals of á few feet, and when the undermining had been completed and the supports were to be removed, some one was stationed to watch the bank and give notice as it was about to fall. If it did not fall by its own weight, it was thrown over by the use of bars on the top. The only difference in point of
The judgment is affirmed.