243 Pa. 256 | Pa. | 1914
Opinion by
The plaintiff recovered a verdict and judgment was entered thereon; the defendant has appealed. The only errors assigned are (1) the refusal of binding instructions for the defendant, and (2) the refusal of judgment n. o. v. The following excerpt from the opinion of the court below gives a fair summary of the material facts and amply vindicates the rulings of the trial judge: “Plaintiff, who was forty-one years old last May (1912), entered the employ of the defendant as a crane operator on February 1,1910, and continued in such employment until Friday, August 12, 1910, when he received the injuries for which compensation is asked. The crane operated by plaintiff traveled on a runway attached to two parallel steel girders about 175 yards in length,
After an examination of the testimony, we agree with the disposition of this case in the Common Pleas, and since that court has so well stated its attitude on the controlling issues, but little need be said here. It may be, as contended by the appellant, that the foreman had no authority to bind his employers to make such a material change in the crane as the construction of a platform for the plaintiff to work upon; but it is not necessary to discuss that point, for it will be observed that the trial court assumed no such position in sustaining the verdict. The evidence was ample to support a finding that the foreman had power and authority to attend to the drum and to have the dangerous accumulation of grease removed, and the plaintiff was at least justified in relying on his promise to that extent; the fact that he continued at work under these circumstances did not constitute an assumption of risk (Foster v. National Steel Co., 216 Pa. 279; Glass v. College Hill Boro., 233 Pa. 457, and cases there cited). The evidence was not
The assignments are overruled and the judgment is affirmed.