Opinion
September 30, 1960.
November 15, 1960.
Negligence — Possessors of land — Condition — Business visitor — Scope of duty — Apparent danger.
In this action of trespass to recover damages for personal injuries which the plaintiff received as the result of a fall which occurred when he stepped on an overhead air duct which collapsed under his weight, and it appeared that the plaintiff was an experienced painter and an employe of an independent contractor who had a contract to do painting in defendant's plant; that while the plaintiff was engaged in painting an overhead girder he stepped down upon the air duct; that the supporting structure thereof was designed to support about eleven pounds of weight and the defendant had no knowledge or reason to know that the duct would be put to any such use by the plaintiff and the risk of stepping upon it was apparent to him, it was Held that the court below had properly entered a nonsuit upon the ground that the defendant was not guilty of any breach of duty to the plaintiff and had properly refused to remove the nonsuit upon the additional ground that the plaintiff either assumed the risk of resting his full weight on the air duct or was contributorily negligent in doing so without taking necessary precautions.
Argued September 30, 1960. Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.
Appeal, No. 150, March T., 1960, from judgment of Court of Common Pleas of Allegheny County, Jan. T., 1955, No. 514, in case of Gust Spanoudakis v. Aluminum Company of America. Judgment affirmed.
Same case in court below: 22 Pa. D. C.2d 309.
Trespass for personal injuries. Before MONTGOMERY J.
Defendant's motion for compulsory nonsuit granted, plaintiff's motion to remove nonsuit refused and judgment entered. Plaintiff appealed.
Samuel L. Goldstein, with him Edward J. Balzarini, and Suto, Power, Goldstein Walsh, for appellant.
William H. Eckert, with him William K. Unverzagt, Harry S. Flynn, Carl F. Barger, and Eckert Seamans Cherin, for appellee.
The judgment of nonsuit is affirmed on the Opinion of Judge MONTGOMERY.