232 Pa. 278 | Pa. | 1911
Opinion bt
This was not a case calling for the application of the rule res ipsa loquitur. When the plaintiff rested he had simply shown an unexplained accident. Had a nonsuit been then ordered, plaintiff would have had no ground to complain. But the case proceeded, and the defendant company assumed the unrequired burden of acquitting itself of negligence in connection with the accident, by attempting to show that the plaintiff’s own negligence was the sole producing cause. The result on submission to the jury was a verdict for the plaintiff, which on motion was set aside and judgment non obstante entered for the defendant. It is now contended on part of appellant that the evidence introduced by the defendant fully supplied what was lacking in that offered by the plaintiff, and that the case upon all the evidence presented a triable question. The facts as developed by plaintiff’s testimony are as follows: The defendant company was engaged in operating a coal breaker and washery in connection therewith. The latter was a frame structure about sixty feet in height, used for the purpose of washing, screening, dividing and otherwise preparing the coal for market. The coal is carried by elevators to the top of the washery where it is run through screens and shakers, and from there dropped into a hopper from which it is discharged through a chute at the bottom upon other screens and shakers beneath. This hopper into which all the coal passes is angular at its surface, about twenty feet in length and about twelve in width, with sides inchning to the chute at the bottom. The whole structure was undergoing repairs at the time