243 Pa. 580 | Pa. | 1914
Opinion by
The plaintiff was a bridge builder and structural iron
He alleges in his statement that he was overcome by the fumes of gas which were negligently and carelessly permitted to escape from the furnaces in the building in which he was working causing him to lose consciousness and fall from the trestle upon a hot pipe by which he was burned; that his injuries were caused by the negligence of the defendant company in permitting gas to escape in the building in which he was working when it knew or should have known that the presence of gas was dangerous to the life of the plaintiff and other employees, and that the defendant was negligent in failing to give the plaintiff sufficient warning of the dangers incident to his work while the gas was escaping.
The work was being done.by the defendant company while the blast furnaces of the Republic Iron and Steel Company were in operation and the gas came from the furnaces. The defendant had nothing to do with or control over the operation of the. furnaces and the presence
On cross examination the plaintiff admitted that he knew of the presence of the gas in the place he was working, that some one had told him that by reason of the gas it was dangerous for him to work there, that on Monday he was overcome by gas and was helped down from the platform by two men, that on Monday and Tuesday he would leave his place of work at intervals of fifteen minutes and get the fresh air for ten minutes, and that he was advised by the other workmen that he should not persist in working too long at any one time.
It is conceded that the defendant had nothing to do with permitting or prohibiting the escape of gas from the blast furnaces as they were operated by the Republic Iron and Steel Company. It is also clear from his own testimony that the plaintiff knew of the presence of gas
The plaintiff claims and so testified that he continued his service under the direct orders of the defendant’s
The judgment is affirmed.