79 N.J.L. 349 | N.J. | 1910
The opinion of the court was delivered by
This is a demurrer to a declaration. The declaration alleges in effect that the defendant company was the owner of premises upon the roof of which it
In support of the demurrer the defendant contends that the declaration shows contributory negligence upon the part of the decedent. We think not. Certainly working in close proximity to wires which were “apparently safe,” and without knowledge of their dangerous character, cannot be said to be negligence as a matter of law. Brooks v. Consolidated Gas Co., 41 Vroom 211.
It is next urged that the declaration is bad because it is argued it does not show how and why the decedent came in contact with the wires. We see no merit in this contention. The declaration avers that the decedent necessarily, in the course of his employment, worked in close proximity to the deadly wires and so came in contact with one of them. Clearly this is sufficient on general demurrer. Davey v. Erie Railroad Co., 40 Vroom 50.
The next objection is that the declaration fails to show that the defendant company was under any duty to warn the decedent of the dangerous character of the wires. We think the objection not well taken. The general rule is unquestioned that the owner or occupier of land who by invitation, express or implied, induces persons to come upon his premises, is under a duty to exercise ordinary care to render the premises reasonably safe for such purposes. Phillips v. Library Co., 26 Vroom 307; Nolan v. Bridgeton and Millville Traction Co., 45 Id. 559. But the argument seems to be that the declaration fails to allege that the dangerous condition of the wires was known to the defendant and unknown to the dece
Again it is contended that the declaration is bad in failing to allege that the contractor who employed the decedent was ignorant of the danger. We think not. If the contractor knew the danger and failed to warn decedent he became also a tort-feasor, hut that would not relieve the defendant from liability.
Yor is there merit in the contention that the declaration should have alleged that the defendant knew of the decedent’s ignorance of the danger. If the defendant company knew that the place was dangerous in fact, though apparently safe, it must be charged with knowledge that workmen engaged to go there would believe that the place was safe.
The plaintiff is entitled to judgment on the demurrer.