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Phelan et Ux., v. Armstrong Cork Co.

Supreme Court of Pennsylvania
Jan 26, 1925
127 A. 835 (Pa. 1925)

Opinion

January 26, 1925.

Negligence — Elevator — Contributory negligence — Death — Non-suit.

1. In an action for death of plaintiff's son, a nonsuit is properly entered where it appears that deceased, an employee of third parties, was engaged at work on a stairway which adjoined an elevator shaft of a building in the course of erection, and desiring to summon the elevator he put his head into the shaft to call the operator, and was struck by the descending weights.

2. In such case defendants were not guilty of negligence, and the deceased was guilty of contributory negligence.

Appeal, No. 294, Jan. T., 1923, by plaintiffs, from order of C. P. Lancaster Co., Aug. T., 1917, No. 51, refusing to take off nonsuit, in case of Michael J. Phelan et ux. v. Armstrong Cork Co.

Before MOSCHZISKER, C. J., FRAZER, WALLING, SIMPSON, SADLER and SCHAFFER, JJ. Affirmed.

Trespass for death of plaintiffs son. Before HASSLER, J.

The opinion of the Supreme Court states the facts.

Nonsuit; refusal to take off. Plaintiff appealed.

Error assigned was, inter alia, order, quoting it.

Howard J. Lowell and B. F. Davis, for appellants.

Charles G. Baker, for appellee.


Submitted January 6, 1923.


Wm. F. Phelan, the son of plaintiffs, an employee of third parties, was engaged as an iron worker on a stairway which adjoined the elevator shaft of a building in the course of erection by defendant company. Phelan, desiring to summon the elevator, put his head into the shaft to call the operator and was struck by the descending weights, receiving injuries from which he subsequently died. We agree with the court below in saying the "facts show that defendant was not guilty of negligence, and that plaintiffs' decedent was guilty of contributory negligence."

The refusal to remove the nonsuit is affirmed.


Summaries of

Phelan et Ux., v. Armstrong Cork Co.

Supreme Court of Pennsylvania
Jan 26, 1925
127 A. 835 (Pa. 1925)
Case details for

Phelan et Ux., v. Armstrong Cork Co.

Case Details

Full title:Phelan et ux., Appellants, v. Armstrong Cork Co

Court:Supreme Court of Pennsylvania

Date published: Jan 26, 1925

Citations

127 A. 835 (Pa. 1925)
127 A. 835

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