239 Pa. 298 | Pa. | 1913
Opinion by
This is an appeal from the action of the court below, refusing to take off a judgment of compulsory nonsuit. The defendants were charged with negligence in placing loose boards upon the floor of a fire escape attached to the outside of the building in which they carried on business, and in permitting the boards to lie unsecured until one of them was blown off by the wind, and fell upon the plaintiff who was lawfully upon the street below. Upon the trial it was shown that on October 8, 1907, the plaintiff who was a teamster, was engaged in loading a wagon upon the street at the rear of the building occupied by the defendants. While so occupied, he was struck and injured by a loose board which fell upon him from the floor of a fire escape, located at the fourth floor of the building. There was evidence to show that it was storming at the time, there being both wind and rain. It appeared that the fire escape was to some extent used as a platform or stairway, and that the floor had been out of order for some weeks, and loose boards had been laid down to walk upon. The fair inference from the testimony was, that at the time of the acci
The assignment of error is sustained, and the judgment is reversed with a procedendo.