273 Pa. 59 | Pa. | 1922
Per Curiam,
Plaintiff, sued to recover damages for injuries sustained as the result of falling through an open elevator shaft on the premises of defendant. The judgment of the lower court, in refusing to take off a nonsuit, is affirmed on the following extract from the opinion of the learned court below: “Plaintiff on his own testimony admitted that he was standing seven feet away from the opening into the elevator; that he had his back to the elevator; that he had been engaged for a few minutes previous in helping to load his truck with flour. He then says that he stepped backward those seven feet to the elevator and fell down the unguarded shaft, the elevator having been moved meanwhile by somebody unknown. The plaintiff further testified that he knew that the gates were not there, or that if they were there that they did not work, because he said he had been up there some ten or twelve times before over a period of about
The judgment is affirmed.