238 Pa. 166 | Pa. | 1913
Opinion by
The appellee, an employee of the Carnegie Steel Company, while walking on a crane track near the roof of the building in which he was working, was struck by a moving crane and sustained the injuries for which compensation is claimed in this action. While the jury might fairly have returned a verdict in favor of the defendant, neither the question of its negligence, nor that of the contributory negligence of the plaintiff, could, under all the evidence, have been taken from them. Testimony was properly admitted to show that, in performing the duty assigned to him, it was necessary for the appellee to be on the crane girder or track at the time he was injured. Shortly before, he had taken off a top sheet of an iron partition near the roof of the
No reversible error is set forth in tbe first assignment. The motion to strike out tbe testimony of Waldron was overruled, tbe court directing that it should stand for tbe time being. He subsequently came into court and asked to correct his testimony, and, having been permitted to do so, stated that be was mistaken in having testified as to the length of time tbe safety appliances
Tbe sixteen assignments are overruled and tbe judgment is affirmed.