Smithwick v. Hall & Upson Co.

21 A. 924 (1890)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P worked for D and at the time of the accident was engaged in helping to store ice for D in a brick building. The foreman of D stationed P on the platform just west of the door and inside the railing, and showed him what his duties were there, and told him 'not to go upon the east end of the platform east of the slide and door, as it was not safe to stand there.' P was not told why it was not safe. P presupposed it was the narrowness and unrailed condition of the platform and the liability by inadvertence to misstep or fall or slip off, the latter being aggravated by the liability of the platform to become slippery from broken ice. These dangers were all manifest. The peril resulting from the accident which happened to the building was not in contemplation. P disregarded the orders and went over to the east end of the platform and worked there. P was specifically told by another worker that it was not safe, and to stand on the other side,' but P ignored that warning. The brick wall of the building above the platform, gave way, the brick falling upon the platform and thence to the ground. P was struck by portions of the descending mass and fell to the earth. P had no knowledge that the wall would be likely to fall or was in any way unsafe, and it is found that 'no fault or negligence can be imputed to him in this regard. It was also found that the spot where P stood could not have been considered more dangerous than the place where he was directed to stand, though in fact most of the brick fell upon the side where he stood, and the result demonstrated therefore that the other side would have been safer in the event which occurred.